How is inheritance distributed among a daughter, a hermaphrodite child, the son of a hermaphrodite, and a paternal uncle (ʿasaba) when the hermaphrodites are assigned two states?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

When the two hermaphrodites (the child and the son of the hermaphrodite) are assigned only two states, the division is made based on six shares. The hermaphrodite child receives three shares, the daughter receives two shares, and the remainder goes to the paternal uncle.

Supporting text

When these two individuals are assigned four states, the division is based on twelve shares. The son of the son (walad al-ibn) receives half of one-sixth, and the paternal uncle receives one-sixth. This latter method is the most just of the two approaches, as the other method results in the disinheritance of the son of the son despite his potential for inheritance being equal to that of the paternal uncle.