The ruling on 'Awal' (Reduction of shares) in inheritance distribution when required shares exceed the total estate.

General Chapter

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 3 · Bab 1

Open in Qurani

Primary text

When the fixed shares for the heirs exceed the total estate—such as in the case where the husband receives one-half, the full sister one-half (or her fixed share), plus shares for uterine siblings, the mother, and paternal sisters—the estate must be reduced proportionally, a process called 'Awal'. The estate is calculated based on the smallest common denominator (here, six) which then increases (to ten in the specific example), causing a reduction in all assigned shares proportionally, similar to the distribution of debts of a bankrupt person. This ruling is upheld by the majority of Companions and subsequent scholars including Malik, al-Thawri, al-Shafi'i, and Ishaq.

Supporting text

A small group, including Ibn Abbas, Muhammad ibn al-Hanafiyyah, and Dawud, held that inheritance cases do not undergo 'Awal', arguing that this practice forces fractions onto fixed shares ordained by God, citing the specific case of the husband, mother, and one sister as an example where the shares total more than one.