What is the distribution method when calculating shares for known heirs alongside a missing heir whose status is uncertain?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When an estate involves known heirs and one missing heir (e.g., a case involving a husband, mother, sister, grandfather, and a missing brother), the shares are calculated based on two scenarios: one assuming the missing person is alive and one assuming he is dead, considering the respective inheritance shares in each case. The final distribution grants each heir the minimum share calculated between the two scenarios, and any excess is held in trust. For example, in the case of the 27-part problem, the husband receives the lower of the two shares (one-third), the mother receives the lower (one-sixth), the grandfather receives the lower (nine parts), and the sister receives the lower (three parts), leaving fifteen parts held in trust.
Supporting text
Al-Khabari preferred that if the waiting period concludes without news, the held portion should be distributed to the heirs of the missing person, as the ruling was based on his life (certainty) until the period elapsed. This is contradicted by the view that it should be held like the share of a fetus, returning to the deceased's estate if life is not confirmed.