Ruling when a deceased leaves one daughter and a bequest equal to her share

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

When the deceased leaves one daughter and a bequest equal to her share, the ruling aligns with the case where the heir is a son, according to scholars who uphold *Radd* (return of surplus inheritance). In this view, the daughter inherits the entire estate through her fixed share (*fard*) and the return (*radd*).

Supporting text

Those who do not hold the view of *Radd* decree that the bequest receives one-third, the daughter receives half of the remainder, and the rest goes to the public treasury (*Bayt al-Mal*). Malik's view necessitates that the legatee receives half of the estate upon authorization (*ijazah*), the daughter receives half of the remainder, and what remains goes to the public treasury.