How is inheritance distributed when a woman and her uncle are heirs, and the woman is pregnant, giving birth to a son and a daughter, with only one crying out and their identity unknown?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When the woman and the uncle are the only known heirs besides the unborn child(ren), if the births result in a son and daughter with an unknown crier, two separate inheritance problems must be constructed. If the inheritance calculation results in 24 parts for both scenarios, and giving each heir the minimum guaranteed share leaves 3 parts suspended. If, however, the unborn child was a daughter instead of a son, and there was another daughter involved (not explicitly stated in the inheritance relation but implied by the shift in numbers), the denominator becomes 72, and 12 parts are suspended.
Supporting text
If the woman and the mother are pregnant, and both deliver simultaneously, and only one cries out, the problem reverts to a base of 36 for each scenario. After giving each heir the minimum certain share, 11 parts remain suspended: 4 parts are suspended between the wife and the mother, and 7 parts are suspended between the mother and the uncle.