What is the inheritance share of the mother of a child negated by L'ian (mutual imprecation)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When a husband accuses his wife of adultery (L'ian), denies the child, and a judge separates them, the child is negated from the husband, and his claim of lineage (*'asabah*) through the husband is severed. The mother receives her prescribed share (one-sixth if there are no other sharers of fixed portions, or one-third if there are others entitled to fixed portions but no residuary heirs), and the remainder goes to the maternal uncle (*khal*), as he is the residuary heir of the mother. This is the ruling concerning the fixed share (*thuluth*) for the mother and the remainder for the maternal uncle in one opinion. The mother receives one-third by obligatory fixed portion, and the remainder goes to the maternal uncle.
Supporting text
According to another view, if the child is negated, the entire inheritance belongs to the mother either by returning surplus (*radd*) or because she acts as the residuary heir (*'asabah*) of her son. Another opinion held by Zayd ibn Thabit suggests that if the mother has no residuary heirs except her freedman (*mawla*), the remainder goes to the *Mawla*, or to the public treasury (*Bayt al-Mal*) if she has no *Mawla*.