What is the minimum amount to be set aside for an unborn child's inheritance?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There is disagreement regarding the specific amount to be withheld for the fetus. A narration from Ahmad suggests withholding the share of two male offspring or two female offspring, whichever share is larger. This is the view of Muhammad ibn al-Hasan and Al-Lu'lu'i. Shurayk suggests withholding the share of four offspring based on witnessing four sons born simultaneously to the Banu Isma'il. Al-Layth and Abu Yusuf state that the share of one male offspring should be withheld, with a guarantor (*damin*) taken from the heirs for that amount.
Supporting text
The foundational argument for withholding a known portion is that the birth of twins is common and expected, so their potential share cannot be distributed like that of a single heir. What exceeds two births (triplets, etc.) is rare and should not result in withholding an amount for them, similar to a fifth or sixth child, as if no pregnancy were present. If the woman delivers heirs who would take the entire withheld amount, they receive it; if a surplus remains, it returns to the relevant parties, and if there is a deficiency, it is recovered from those currently holding the funds.