What is the distribution when a husband, a paternal grandfather, and a pregnant mother are heirs, and the mother gives birth to a son and a daughter, only one cries out, and then a second cry is heard from an unknown source?

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 the second cry is determined to be from the daughter, the situation is deemed the 'Akdariyyah' case (where one heir dies leaving only specific relatives), and she dies leaving her mother and grandfather, calculated from a base of 81. If the second cry is from the son, he inherits nothing, and the problem is calculated from a base of 6 (as he is the sole heir in that scenario). If both had cried out initially (son and daughter), the distribution is based on 18: the mother receives one-sixth, the husband receives one-half, and the grandfather receives one-sixth, with the remaining one-sixth divided between the mother and the grandfather. The shares from the three scenarios (Akdariyyah, son alone, both together) are reconciled to a common base of 162. The husband receives 54 shares. The mother receives 36 shares based on the joint cry scenario. The grandfather receives 27 shares based on the son's cry scenario alone. The remaining 45 shares are disputed: the husband claims 27, the mother claims 18, and the grandfather claims 37. The remaining 8 shares are assigned to the mother because both the husband and the grandfather acknowledge her right to them.