Who inherits the estate of the son of a Mula'anah (one subjected to mutual cursing) if he leaves no direct heirs entitled to a share?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 1 · Bab 5

Open in Qurani

Primary text

If the son of a Mula'anah dies without leaving a designated heir entitled to a fixed share, the property belongs to the paternal a'sabah (agnates) of his mother, according to the majority of scholars. This view is narrated from Ali. The primary distribution follows the general rules of inheritance for other deceased persons when only relatives through the womb (Dhawu al-Arham) remain as heirs.

Supporting text

Abu Hanifa and his followers hold that the estate goes to the Dhawu al-Arham (distant kindred), similar to how other inheritances are distributed among them. This distribution includes relatives like maternal uncles and aunts, and the children of brothers.