What is the distribution when a widow, a daughter, and a sister acknowledge a minor heir, each asserting their own relation (widow claims relationship as wife, daughter as daughter, sister as sister)?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

The minor is granted one-third of the total estate, as this represents the maximum possible claim she could have. Distribution is assessed based on the proportion each claimant acknowledged. For instance, if the daughter acknowledged four shares out of twenty-four, the sister four and a half, and the wife one and a half, totaling ten shares, of which eight belong to the minor, the minor receives four-fifths of what each acknowledged. The matter is then multiplied by five for calculation (yielding one hundred and twenty as the basis). If the minor is later verified by one of the acknowledgers upon reaching maturity, she receives the full amount acknowledged by that person, and the excess taken from the other two is returned to them.

Supporting text

The view of Ibn Abi Laila dictates that the minor receives exactly what each claimant acknowledged. Upon verification, the verified claimant keeps what was taken on her behalf, and the excess taken from the others is returned to them. This latter opinion is considered more sound due to its greater precaution regarding the heir's right.