How is the distribution resolved when a sister admits a brother, given the deceased left a mother, a husband, and a sister from the father, and the husband denies?

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

The denial case is eight shares, and the admission case is eighteen shares. They reconcile by halves. Multiplying half of one by the other yields seventy-two shares. The mother has eighteen shares. The admitting sister has twenty-seven shares from the admission basis (eight shares in the denial basis). The surplus in her possession is nineteen shares. The husband is questioned; if he denies, the brother takes sixteen shares, and three shares remain subject to the three aforementioned views.

Supporting text

If the husband admits, he claims nine shares because he claims the full half share, and the brother claims sixteen shares. These are combined, totaling twenty-five. Since nineteen does not align, twenty-five is multiplied by seventy-two, resulting in eighteen hundred. Everyone with a share in seventy-two is multiplied by twenty-five, and everyone with a share in twenty-five is multiplied by nineteen. Al-Mughirah al-Dabbi answered a similar question this way, stating it was the view of Al-Nakha'i. Yahya ibn Adam stated this is the view of Hammad and Abu Hanifa, based on twenty shares: the mother has one-fourth, five shares, and the remainder is divided between the husband, the brother, and the sister according to their shares in the admission basis: the husband gets nine, the brother four, and the sister two.