How is inheritance distributed when a pregnant mother and a sister from the father's side and an uncle are heirs, and the mother gives birth to two daughters, one crying out, and then a second cry is heard, making it uncertain whether it was the other daughter or a repetition from the first?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If both daughters cried out, they are treated as 'drowning victims' (or those whose time of death is unknown relative to each other) and do not inherit from each other. The estate is calculated based on the heirs surviving them: the mother, the sister, and the uncle, yielding a base of 18. If the second cry is deemed to have come from only one, that deceased daughter leaves behind three heirs from a base of 6. The two scenarios (18 and 6) are reconciled, yielding a common base of 36. The mother receives 12 shares, the sister 12 shares, and the uncle 9 shares. Three shares remain suspended. The mother claims two of these suspended shares, the uncle claims one, and the sister claims all three shares. The division of the suspended shares is then adjusted: two shares are divided between the sister and the mother, and one share between the sister and the uncle.