Effect of acknowledgment regarding the heirship of a relative concerning a quarter share bequeathed to a woman and an executor (Wasi)
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If a woman and an uncle both acknowledge that a person is the brother of the deceased, and this acknowledgment is verified, the lineage is established, and the heir (the brother) takes his inheritance. If only the woman acknowledges the lineage but the alleged heir does not corroborate her, her acknowledgment has no effect. If only the brother corroborates the woman, the woman receives the full quarter share unless the executor approves the bequest, and the uncle receives half; the remaining quarter goes to the executor. If the uncle corroborates the woman but the executor does not, the uncle receives one-third, the woman receives a quarter, and the remainder is subject to three differing views regarding disposition by the uncle to one who does not claim it.
Supporting text
If only the uncle acknowledges the lineage and the legatee confirms it, the legatee takes his inheritance of three-quarters of the property, and the woman receives one-sixth. The remaining one-sixth share may belong to the woman because the legatee admits the invalidity of the bequest or its suspension upon the woman's approval, which she did not give. Alternatively, this remaining portion is subject to the three differing views mentioned previously. If the legatee does not corroborate the uncle, the legatee takes one-third by bequest, and the woman takes one-sixth by inheritance, leaving a remaining half share subject to the three differing views.