What is the distribution of inheritance for a man leaving behind his mother, his brother, and a slave woman pregnant by him (umm walad), who subsequently gives birth to twins: a son and a daughter, where only one cried out but the identity of the crier is unknown?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the son was the one crying out, the mother receives one-sixth (Suds), and the remainder is divided between the mother of the deceased son (who inherits one-third of the remainder) and the paternal uncle (uncle). This scenario yields a total denominator of 18: the deceased's mother receives 3 shares, the umm walad receives 5 shares, and the uncle receives 10 shares. If the daughter was the one crying out, the matter is calculated from a base of 6 shares: the mother receives one share, and the uncle receives two shares. These two calculations (18 and 6) are reconciled by multiplying to find a common denominator (18). The certain portion received by each heir is derived by summing their fractional share from the 18-part calculation (multiplied by 1) and their share from the 6-part calculation (multiplied by 3). The mother's one-sixth share remains unchanged. The uncle receives 10 shares from the first calculation and 12 from the second (4*3), totaling 22 shares. The umm walad receives 5 shares from the first calculation and 3 from the second (1*3), totaling 8 shares. The remainder of 2 shares between the brother and the umm walad is suspended until settlement.
Supporting text
It is also probable that the suspended shares are divided equally between the brother and the umm walad.