To whom does the remainder of the inheritance of the child negated by L'ian devolve?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
There are differing narrations regarding the inheritors of the child negated by L'ian. One narration, transmitted through Al-Athram and Hanbal, attributed to Ali, Ibn Abbas, and Ibn Umar, holds that the child's residuary heirs are the residuary heirs of his mother. This view is supported by Al-Hasan, Ibn Sirin, Jabir ibn Zayd, and others. In this view, if the mother has fixed inheritors, the remainder goes to the nearest male residuary heir among her relatives, following the general principle of inheritance, unless the mother is a freedwoman, in which case the remainder goes to her *Mawla* or the Public Treasury if she has no *Mawla*.
Supporting text
The second narration, transmitted by Abu Al-Harith and Muhanna, held by Ibn Mas'ud, states that the mother is the residuary heir herself. If she has no residuary heirs, then her residuary heirs inherit. This is supported by narrations indicating the Prophet (PBUH) decreed the inheritance for the mother and her successors. Zayd ibn Thabit held that the inheritance is distributed as if the child were not negated by L'ian, without making the mother or her relatives the residuary heirs, giving portions to the Public Treasury if the mother's fixed portion is exhausted.