Does a daughter supersede the inheritance derived from maternal kinship when the heir is both a uterine brother and a son of two paternal uncles?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The daughter supersedes the inheritance derived from maternal kinship, leaving the residuary entitlement to operate independently. This contrasts with the son from both parents, whose share is not fixed by maternal kinship, and thus is not affected by what blocks maternal kinship. In the case where the inheritance is fixed by maternal kinship (as with the uterine brother who is also a son of two paternal uncles), if someone present blocks that specific kinship line, the share derived from it is nullified.
Supporting text
The argument against Ibn Mas'ud is that if the deceased had left behind a full uterine brother, a paternal uncle's son, and a daughter, the daughter would block the maternal kinship line, and the paternal uncle's son would inherit solely as a residuary heir. If the daughter were absent, the uterine brother would take one-sixth. Since the daughter blocks the uterine brother's share when a paternal uncle's son is present, she must block it under all circumstances because the blocking action stems from her presence, not the presence of the paternal uncle's son. The view of Sa'id ibn Jubayr is refuted by the case involving the full uterine brother and the daughter, and by the case of a paternal uncle's son who is also a spouse, when a relative is present who blocks the inheritance of paternal uncles' sons. Furthermore, it is not conceded that the relative inherits only one share; rather, he inherits two shares based on his two lines of kinship, equating him to a paternal uncle's son who is also a spouse, differentiating him from the full uterine brother who inherits only one share because maternal kinship does not grant inheritance independently.