What is the distribution when inheritance is based solely on claims (Da'wa) made over the remaining portion after certain shares are allocated?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When inheritance is distributed based on claims over the remainder after certainty, in the case of a son, daughter, and Khuntha, the total results in 40 parts. The son receives 18 shares, the daughter 9 shares, and the Khuntha 13 shares. This is because the Khuntha is certain of 16 parts (a quarter) but claims 20 parts (half the estate); the son is certain of 16 parts (two fifths) but claims 20 parts (half the estate); and the daughter is certain of 4 parts (one fifth) but claims 10 parts (a quarter). The disputed six shares are divided such that the Khuntha receives three, the son two, and the daughter one.
Supporting text
A separate opinion grants inheritance based on claims from the entirety of the estate. In such a case, the denominator becomes 23, as the claims total half, a quarter, and two fifths (totaling 20 parts, which is the common denominator). The son receives 10, the daughter 5, and the Khuntha 8, summing to 23.