What is the ruling in the case known as Al-Musharrakah (The Partnership) or Al-Hamariyyah?
General Chapter
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
When the deceased leaves a surviving spouse, a mother, uterine brothers, and full/paternal brothers, the husband receives one-half, the mother receives one-sixth, and the uterine brothers receive one-third. The full/paternal brothers are entirely excluded because the estate is exhausted by the fixed shares, as they are agnates. This ruling applies whenever a fixed share inheritor group (spouse, mother, or grandmother) is joined by two or more uterine siblings and agnates from the full/paternal lineage. The ruling established by Ahmad, 'Ali, Ibn Mas'ud, Ubayy ibn Ka'b, Ibn 'Abbas, Abu Musa, Ash-Sha'bi, Al-'Anbari, Shuraik, Abu Hanifa and his companions, Yahya ibn Adam, Nu'aym ibn Hammad, Abu Thawr, and Ibn al-Mundhir is that the fixed shares (Husband 1/2, Mother 1/6, Uterine Brothers 1/3) are distributed first, and the agnates are excluded. This is supported by the verses concerning uterine siblings (Quran 4:12) and general agnatic inheritance principles where fixed shares take precedence.
Supporting text
Another view, narrated from 'Umar, 'Uthman, and Zayd ibn Thabit, and held by Malik, Ash-Shafi'i, and Ishaq, is to pool the full/paternal brothers and uterine brothers together within the one-third share allotted to the mother and uterine siblings, dividing it equally between them, with the male receiving the share of two females. This is justified by equating the kinship of the full/paternal brothers with that of the uterine brothers since both derive relationship from the mother. However, this view contradicts the apparent meaning of Quranic verses assigning specific shares to uterine siblings (Quran 4:12) and the general rule for brothers/sisters (Quran 4:176), and it ignores the status of the full/paternal brothers as agnates who inherit the residue, which is exhausted here by fixed shares.