How should the designated share be divided among the male and female relatives?
General Chapter
Al-Mughni
Book of Deposits
Primary text
One narration states that the division follows the rule of inheritance: the male receives twice the share of the female (the male receives a share equal to that of two females). This is the chosen opinion of Al-Khiraqi and the position of Al-Shafi'i. The evidence for this is that this share is established due to kinship to the father by religious law, thus favoring the male over the female, similar to standard inheritance. This differs from bequests (wasiyyah) and the inheritance of maternal siblings, as the bequest is established by the testator's declaration, and the maternal sibling's inheritance is established by kinship to the mother.
Supporting text
A second narration asserts that the male and female are treated equally in the division. This is the opinion held by Abu Thawr, Al-Muzani, and Ibn Al-Mundhir. They argue that since the share is given in the name of kinship, both male and female are equal in this context, resembling a bequest made to the kin of someone, or an endowment upon them. Furthermore, the grandfather takes alongside the father, and the son of a son takes alongside the son, indicating a difference from strict inheritance rules. Additionally, since this is a share from one-fifth of the remaining one-fifth (khums al-khums) designated for a group, males and females should be equal, just as in all other shares, and the small and large individuals should also be equal due to their parity in kinship, resembling inheritance in this aspect.