How is the inheritance distributed when a spouse is present alongside heirs eligible for the return (Radd)?

Chapter on the Roots of Inheritance Shares that Increase (Awl)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 7 · Bab 2

Open in Qurani

Primary text

If a spouse is present, the spouse is given their fixed share from their own core problem denominator. The remainder of that denominator is then distributed according to the formula of the heirs eligible for the return. If this divides evenly, both resulting core denominators are sound. This alignment occurs when the spouse's share is one-quarter, and the return problem is based on a denominator of three (such as a wife, mother, and uterine brother). The wife takes one-fourth of four, leaving three, which is distributed according to the return problem's denominator of three. If the distribution results in a fraction, the return problem's denominator must be multiplied by the spouse's core denominator to find a unified denominator for settlement. The division allocates the return heirs the shares from their own problem multiplied by the remainder of the spouse's core problem.

Supporting text

If the return share does not divide evenly with the spouse's denominator, the return denominator is multiplied by the spouse's denominator to establish a new base problem. If only one heir is eligible for return, they receive the entire remainder as if they were an *asabah*, and the spouse's original problem is maintained. If a single group of return heirs (like daughters) is present, the remainder is divided among them like *asabah*.