What is the procedure for resolving an admission of a relative when the denial case involves a spouse and two sisters, and one sister admits an additional brother?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 5 · Bab 5

Open in Qurani

Primary text

The admission case (eight shares) is multiplied by the denial case (seven shares), resulting in fifty-six shares. The denying sister has sixteen shares from the admission case (two shares in the denial case). The admitting sister has seven shares from the denial case. The surplus in her possession is nine shares. The husband is questioned; if he denies, the brother is given sixteen shares, and the remaining three shares are subject to three different views.

Supporting text

If the husband admits the brother, he claims four shares, and the brother claims fourteen shares. These total eighteen, and the nine surplus shares are divided among them. The husband is given two shares, the brother receives seven shares. If both sisters admit the brother and the husband denies, there are three opinions: First, the admission stands in the possession of whomever holds it because the admission was invalidated by the lack of verification from the admitted party. Second, the husband and the two sisters settle, the husband taking half and they taking half, as the property cannot leave them, and the brother receives nothing because there is no possibility for him to have anything in it. Third, it is taken to the public treasury because it has no established owner. Abu Hanifa's view in the first scenario (husband denies) is that the admitting sister takes her two shares from seven and divides them between herself and her sister on three parts. If the husband admits, his shares are joined with their two shares, totaling five, and they divide upon seven parts: the husband gets four, the brother two, and the sister one. The correct basis becomes forty-nine: the denying sister has fourteen, the husband four times five, and the brother two times five, and the admitting sister one time five.