How is the remaining estate distributed when a male heir (*Dhakir*) is present with the son's daughters after the two-thirds share for the daughters is allotted?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If a male heir in the same generation as the son's daughters is present, he confers *Isabah* upon them, and the remaining estate is divided between them according to the principle that the male receives a share equal to that of two females (*lildhakari mithlu hadhthi al-unthayayn*). This is the position of the majority of jurists among the Companions and those who followed them.
Supporting text
Ibn Mas'ud dissented from the Companions on this matter, arguing that the son's daughter should receive either the share that harms them less than the division (*muqasamah*) or the fixed one-sixth share. If the fixed one-sixth is less than what they would receive through division, he assigns them the sixth and gives the remainder to the male. If the share from division is less, he divides with them. He based this on his principle that the son's brother does not confer *Isabah* upon the son's daughters if the daughters have already claimed the full two-thirds. However, his reasoning in applying division when it is detrimental to them is flawed, as he should have assigned them the fixed one-sixth in all cases. Our position is supported by the verse {Allah instructs you concerning your children: for the male, what is equal to the share of two females} (Quran 4:11), and because if no other heir existed, he would divide with her, just as he divides with the primary daughter, even if division is disadvantageous to them.