What is the distribution of an estate when one heir admits to a further heir's existence, given specific prior inheritances?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If a man leaves two sons, one dies leaving a daughter, and the surviving brother acknowledges another brother from his father, the surviving brother holds three-fourths of the estate but claims only one-fourth plus one-sixth. The surplus in his possession is one-third, which must be returned to the one who admitted the prior heir. If only the daughter admits the existence of the brother, she holds one-fourth but claims one-sixth for the acknowledged brother. The surplus in her possession is half of one-sixth, which she pays to the one who made the admission. This is the opinion of Ibn Abi Layla.
Supporting text
Abu Hanifa holds that if the brother makes the admission, he must pay half of what is in his possession to the acknowledged heir. If the daughter makes the admission, she pays five-sevenths of what is in her possession, because she claims the acknowledged heir has one-fourth plus one-sixth (totaling five out of twelve), and she claims one-sixth (two shares), making the total seven shares, of which she has two and the acknowledged heir has five.