What happens to the unclaimed portion of the estate if the husband denies the confession of the sister?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 3 · Bab 5

Open in Qurani

Primary text

If the husband denies the confession, leaving half the estate unclaimed, and the other heirs (mother and sisters) affirm the confession, this unclaimed portion is given to the sister who made the confession. She admits it belongs to the other heirs, invoking the three established opinions for distribution. However, if the ruling is that it is divided among them (the other heirs), then the sister who denied the confession receives nothing, and the person confessed to (the brother) receives nothing under any circumstance, as they cannot legally possess anything in this specific situation.