Does a person who is excluded from inheritance by another's presence still cause exclusion?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
A person excluded from inheritance due to the presence of another heir is still considered to cause exclusion (hajb), even though they themselves do not inherit. This applies to siblings who exclude the mother, but are themselves excluded by the father. The reason for their lack of inheritance is the presence of a preferred heir, not a deficiency in their own capacity to inherit. The basis for exclusion (hajb) remains active despite their being deprived of a share.