What is the distribution among two half-slave daughters accompanied by residuary heirs ('aṣaba)?

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

If both daughters are half-slave, they receive one-fourth and one-sixth of the estate shared between them. This results because if they were both fully free, they would inherit two-thirds. If the elder were free alone, she would take half, as would the younger. If they were both slaves, the estate goes to the 'aṣaba. The calculated share of one-fourth plus one-sixth is derived from these scenarios.

Supporting text

According to a calculation method combining scenarios, the total estate is divided into twenty-four shares: the elder receives five shares (derived from her share being half the estate in three scenarios and one-third in one scenario), the younger receives five shares similarly, and the 'aṣaba receives fourteen shares. The opinion that combines the freedom grants them half the estate, and the rest to the 'aṣaba.