How is the distribution of escrowed property determined when the lineage of the claimed child is unproven after the death of two claimants and their father?

Chapter on Sharing in Purity

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 14 · Bab 6

Open in Qurani

Primary text

If two brothers claim a son, and they have a father, and one brother dies leaving a daughter, and the other dies before the claimed son's lineage is confirmed, then nine-tenths of the first brother's estate is escrowed: two-ninths between the son and the daughter, and three-ninths between the son and the father. Five-sixths of the second brother's estate is escrowed between him and the father. If the father dies afterward leaving a daughter, she receives half of his estate and half of what he inherited from his deceased daughter. The remainder is divided between the claimed son and the daughter of the son, as he is certainly the son of his son. The certain portion is delivered to each heir, and the remainder is held in escrow. The distribution is estimated based on two scenarios: one where the son belongs to the claimant who left the daughter, and another where he belongs to the other. He receives the lesser of the two possible shares from the escrowed amount of the second brother's estate and one-fifth of the first brother's escrowed amount in one scenario, and all of the first brother's escrowed amount and one-third of the second brother's escrowed amount in the other scenario. The lesser amount is given to him. The first deceased brother's daughter receives half of her father's estate in one scenario, and one-sixth of her paternal uncle's estate in the other. The father's daughter receives half of the escrowed amount of the second brother's estate in one scenario, and three-tenths of the first brother's escrowed amount in the other. The lesser amount is given to her, and the rest of the estate remains escrowed until they reach a settlement.

Supporting text

Some individuals divide the property among them based on the claims. If the property types vary and some cannot be exchanged for others, they are valued, and the calculation is done based on the monetary value as previously explained for dirhams, provided they agree. Otherwise, the judge sells the assets so that the rights are unified, which is beneficial for them, and the doubtful excess is held in escrow pending settlement.