What is the method for distributing inheritance among heirs when there is a possessor of half a male share and half a female share (Khuntha)?

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

The majority opinion dictates that the distribution calculation must be performed twice: once assuming the Khuntha is male and once assuming the Khuntha is female. These two resulting fractions (or integers) are then multiplied together if they are disparate, or multiplied by their least common multiple (wiffiq) if they share factors. If the results are identical, one calculation suffices. If they are proportional, they are multiplied by two. Subsequently, the shares are aggregated by adding the portions each heir receives under both calculations if the scenarios are identical. If the scenarios are disparate, the share for each heir is calculated by multiplying their share in one scenario by the corresponding factor from the other scenario (or by their wiffiq). This method is known as the Madhhab of the Two Calculators (Madhab al-Manzilin) and is the preferred choice of our scholars (Ashabuna).

Supporting text

Al-Thawri and Al-Lu'lu'i held a different view specifically when a Khuntha is present alongside a full male and female heir: the female is assigned two shares, the Khuntha three shares, and the male four shares. This assignment reflects assigning the minimum required fraction (two shares for the female, double that for the male (four), and the midpoint (three) for the Khuntha, thus accounting for half a male's portion and half a female's portion simultaneously. This opinion is permissible.