What is the portion due when one of two sons acknowledges a brother whose kinship is unestablished?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 12 · Bab 5

Open in Qurani

Primary text

If one of two sons acknowledges a brother whose kinship is unestablished, the acknowledged brother is due one-third of what is in the hand of the acknowledging son, which equates to one-sixth of the total estate. This is because the acknowledging son states, 'We are three, each entitled to one-third. I possess half the estate. Therefore, one-third of what is in my hand is due to you as an excess.'

Supporting text

According to Abū Ḥanīfa's view, he pays him half of what is in his hand, which is one-fourth of the total estate.