What is the inheritance portion due to a claimant to kinship whom one heir acknowledges, if that kinship is not legally established?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If one heir acknowledges another claimant to an inheritance share, but that kinship is not formally established, the acknowledging heir must pay the claimant the excess in their hand beyond what the claimant is entitled to based on their own established inheritance share. This is the position of Mālik, Al-Awzāʿī, Al-Thawrī, Ibn Abī Laylā, Al-Ḥasan ibn Ṣāliḥ, Shuʿba, Yaḥyā ibn Ādam, Wakīʿ, Isḥāq, Abū ʿUbayd, Abū Thawr, and the people of Baṣra.
Supporting text
Al-Nakhaʿī, Ḥammād, Abū Ḥanīfa, and his companions hold that the claimant shares in what the acknowledging heir possesses, arguing that they are equal in inheriting from their father, and what the denier took is treated as lost or wrongfully taken, making the division equal in the remainder. Al-Shafi'i and Dāwūd hold that ostensibly, nothing is due, with disagreement whether it is due between him and God, the sounder opinion being that nothing is due as one who does not have established lineage does not inherit.