How is inheritance distributed when paternity is established for two men, and the child (*ghulam*) dies leaving heirs?
Chapter on Sharing in Purity
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If paternity is established for two men, and each has a son other than the child in question, or if one has two sons, the mother receives one-sixth (of the child's estate). If one parent dies leaving another son, the estate is divided equally between the two parents. If the *ghulam* dies thereafter, the mother receives one-sixth, and the remainder goes to the surviving parent; his brothers receive nothing because they are barred by the surviving father. If the *ghulam* leaves a son, the surviving parent receives one-sixth, and the remainder goes to the *ghulam's* son.
Supporting text
If the *ghulam* dies before his parents and leaves a son, both parents receive one-sixth, and the remainder goes to his son. If each parent has two parents (grandparents), and the *ghulam* dies leaving a maternal grandmother (mother's mother) and a son, the mother's mother receives half of the mother's one-sixth share, and the mothers of the two claimants split the other half, acting as a single grandmother. The two grandfathers (paternal and maternal) receive one-sixth, and the remainder goes to the son. If there is no son, the grandfathers receive one-third, acting as a single grandfather, and the remainder goes to the two brothers (of the claimants). According to Abu Hanifa, the entire remainder goes to the grandfathers because the grandfather excludes brothers.