Does a daughter inheriting through two kinship ties necessitate inheriting by both lineage statuses when the deceased is a Magian who married his daughter and had two daughters?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 6 · Bab 5

Open in Qurani

Primary text

Ibn Surayj suggests that the opinion of Al-Shafi'i allows for inheritance through both kinship ties in the scenarios where the deceased Magian married his daughter and had two daughters, and one died after him, or if one of the younger daughters died before the elder. This is because Al-Shafi'i did not prohibit inheriting by both a fixed share (Fard) and by being a residuary (Ta'sib), as seen in the case of the paternal cousin who is also a husband or a uterine brother. He only prohibited inheriting by two fixed shares.

Supporting text

If the Magian had two daughters and the elder died after him, the two remaining daughters are paternal sisters. If the elder did not die, but one of the younger ones died, the deceased leaves a full sister and a paternal sister. For her mother, there is one-sixth by motherhood and one-sixth by being a paternal sister, but she is veiled by herself and her sister from the remaining one-sixth, and the sister takes half. Under the other opinion, the mother receives one-third by motherhood and nothing by sisterhood, nor is she veiled by it, and the sister takes half. Thus, the ruling is the same in both opinions, though the path differs. According to what Sahnun narrated from Malik, she receives one-sixth and is veiled by herself and her sister.