How is inherited real estate partitioned when shared between heirs with fixed shares and those inheriting shares of property?

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

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 2

Open in Qurani

Primary text

When the inheritance consists of shares of real estate, the basis of the shares of the real estate must be multiplied by the resulting core denominator of the inheritance problem to determine the total shares of the real estate. Then, the share of each heir from the core inheritance problem is multiplied by the inherited real estate shares, and the shares of partners are multiplied by the core inheritance problem of the heirs. For example, concerning a spouse, a mother, and a sister with an inheritance consisting of one-quarter and one-sixth of a house, if the core problem is out of eight, and the basis of the real estate shares is twelve, multiplying them yields ninety-six. The spouse receives three parts from the core problem multiplied by the inherited shares, which is five, totaling fifteen, and the sister receives the same. This translates to one-eighth and one-eighth of one-sixth of the house for the spouse. The mother receives two parts multiplied by five, totaling ten, which is half of one-sixth of the house plus one-eighth of one-sixth of the house, or alternatively, half of its one-eighth and one-third of its one-eighth. Alternatively, the quarter and the sixth can be reduced to dinar qirats, totaling ten, and divided according to the problem. The mother receives one-fourth, which is two and a half qirats, and the sister receives three-eighths, which is three qirats and three-quarters of a qirat, as does the spouse.