How is the estate distributed when the proportional inheritance from the first and second deceased does not align?
Chapter on the Roots of Inheritance Shares that Increase (Awl)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the heirs do not inherit in the same proportion from both estates, the estate of the first deceased must be divided first. Then, the share received by the second deceased is examined. If this share divides perfectly according to the proportions of the second deceased's estate (*mas'alah*), then both distributions are deemed sound based on the soundness of the first division. An example provided is when a woman, her daughter from another man, and a brother die sequentially; the final distribution is confirmed after reconciling the shares and proportions of both estates, resulting in the brother possessing four shares out of a total of eight shares confirmed for both estates.
Supporting text
If the shares of the second deceased do not divide according to their estate's proportions, their shares and the total proportions of their estate must be reconciled (*tawafuq*). If they agree (share/proportion), the second estate proportion is reduced to its agreed fraction, and this reduced number multiplies the first estate's total. Shares are then calculated by multiplying the first estate shares by this reduced number, and the second estate shares by the corresponding factor. If they do not align perfectly, the second estate's total proportions multiply the first estate's total, and each initial heir's share is multiplied by the full second estate proportions, while the second estate heirs' shares are multiplied by the full share amount due to the second deceased.