How is the estate divided between a surviving spouse, a uterine brother, and a paternal cousin?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the other heir besides the husband is a uterine brother, the husband receives one-half, the uterine brother receives one-sixth (Al-Sudus), and the remainder is divided between them. The calculation originates from six parts: four for the husband and two for the mother (uterine brotherhood), which is reduced to three parts. According to Ibn Mas'ud, the remainder after the spouse's share goes entirely to the uterine brother, resulting in two parts, one for each of them.
Supporting text
In a scenario involving three paternal cousins, one being the spouse and another a uterine brother, the calculation is based on 18 parts: 9 for the spouse (half), 3 for the uterine brother (sixth), leaving 6 parts divided between the remaining two cousins (2 each). This configuration results in the spouse receiving 11 parts (half plus one-ninth), the uterine brother receiving 5 parts (one-sixth plus one-ninth), and the third cousin receiving 2 parts (one-ninth).