Ruling when a deceased leaves two daughters and a bequest equal to the share of one daughter

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 2 · Bab 1

Open in Qurani

Primary text

When the deceased leaves two daughters and a bequest equal to the share of one daughter, the distribution is calculated based on three shares according to our position. This distribution leads to the legatee receiving one-third, and the two daughters receiving two-thirds of the remainder, with the final balance belonging to the public treasury. This results in a division into nine parts.

Supporting text

The opinion of those who do not accept *Radd* dictates that the estate is divided into four parts: the public treasury receives one-fourth, and each daughter receives one-fourth. Malik's view dictates that the legatee receives one-third, the two daughters receive two-thirds of what remains after the bequest, and the rest goes to the public treasury.