How is the conflicting claim addressed where the husband claims to have inherited a quarter of the wife's estate (as her husband) and three-quarters of the son's estate (which includes the wife's portion)?
General Chapter
Al-Mughni
Book of Claims and Evidences
Primary text
It is maintained that the husband claims the entirety of the estate he stands to inherit, comprising his direct inheritance from the deceased wife (a quarter share) and his inheritance from his son, who inherited from his mother (three-quarters). The paternity of the son is established with certainty, meaning the father's right to inherit from the son cannot be nullified except by definitive proof presented by the brother. This reasoning supports the position that the son's inheritance belongs to the father without the brother's participation.
Supporting text
Another interpretation suggests that the son's inheritance is divided equally between the husband and the brother. However, this is contested because it grants the brother an undisputed portion of the son's wealth, which he did not claim, nor could he certainly be entitled to more than one-sixth.