What is the distribution if the agreed-upon sibling is confirmed by the one making the admission (the elder son)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Abu al-Khattab stated that if the one making the admission confirms the agreed-upon sibling, the denier only takes one-fourth of what is in his possession because he does not claim more than that. He and the disputed sibling then take half of what the elder son (the one admitting to both) holds. The resolution is based on a total of eight shares: the denier receives three-eighths, the admitter receives two shares, the agreed-upon sibling receives two shares, and the disputed sibling receives one share.
Supporting text
Ibn al-Labban stated this aligns with the view of Malik and Al-Shafi'i. However, this view is questioned because the denier admits he is only entitled to one-third, and someone claiming an excess share has appeared, which must be granted to them. This is analogous to a case where a person claims ownership of a house held by another, and the holder confirms the ownership belongs to a third party; the property must be given to that third party. Al-Khabari rejected Ibn al-Labban's view, arguing that under that ruling, the denier retains three-eighths while only claiming one-third, and the claimant for the excess is present without dispute, necessitating the transfer of that excess.