Does the mother become the legal residuary (Asabah) of her children, and do her residuaries become the residuaries of the children?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The status of the mother being the residuary of her child, and the mother's residuaries becoming the child's residuaries, is restricted exclusively to matters of inheritance. This principle applies similarly to the case of sisters inheriting alongside daughters. Consequently, the maternal relatives do not incur blood money (Aql) liability for the child, nor is the right of marriage guardianship established for them. This is the position held by the majority of scholars. Evidence for this distinction is derived from the established rule that sisters inherit alongside daughters, yet sisters' residuaries do not inherit in the same manner as the residuaries established through paternal lineage, indicating that inheritance stipulations do not universally mandate applicability in areas like blood money or guardianship.
Supporting text
It is narrated from Ali, may Allah be pleased with him, that he stated regarding the relatives of a woman stoned to death who had a son: 'This is your son; he inherits from you, but you do not inherit from him, and if he commits a crime, the liability falls upon you.' This view is also narrated from Abdullah and Ibrahim. The reasoning for this differentiation is that the lineage conferring inheritance rights is traced through the mother's blood relation, which does not establish liability for blood money or the right of marriage guardianship, analogous to cases where the paternal line is known. The principle is that establishing residuary status in inheritance does not necessitate establishing it in blood money liability or marriage guardianship, as demonstrated by the sisters inheriting with daughters.