Inheritance scenario involving a Magian who married his daughter, had a daughter from her, and then the daughter died.

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 5 · Bab 5

Open in Qurani

Primary text

If a Magian marries his daughter and they have a daughter, and then the daughter (mother) dies, the two remaining women (the grandmother/wife and the granddaughter) inherit two-thirds because they are both daughters. The elder woman (the grandmother/wife) inherits nothing by the right of marriage according to all opinions. If the elder woman (grandmother/wife) dies after the father, she leaves behind a daughter who is a paternal sister. This daughter inherits half by sonship and the remainder by brotherhood.

Supporting text

If the younger daughter (granddaughter) dies before the elder one (grandmother/wife), the deceased leaves a mother who is a paternal sister. The mother inherits half by motherhood and one-third by the convergence of kinship ties. Whoever inherits by the stronger kinship tie inherits nothing to her by brotherhood in either of these two cases.