What is the correct distribution according to Al-Khabari when the denied excess exists?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 3 · Bab 5

Open in Qurani

Primary text

The correct view is that the agreed-upon sibling combines the one-sixth share he receives from the one admitting to both with the half share held by the one admitting to both, and they divide this amount into thirds. The total is resolved into nine shares: the denier receives three shares, and each of the other two individuals (the disputed one and the agreed-upon one) receives two shares.

Supporting text

This distribution aligns with the opinion of Abu Yusuf if they both confirm. However, this calculation is inconsistent with the view that the one admitting to both cannot be obligated for more than the excess beyond his inheritance, as his minimum inheritance (with the agreed-upon sibling) cannot be less than one-fourth, and under this ruling, he only obtains two-ninths. Therefore, this view is rejected under that premise.