What is the ruling concerning the priority of returning shares (Radd) over the inheritance of collateral relatives (Dhawu al-Arham)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
The return (Radd) takes precedence over the inheritance of collateral relatives. Whenever the deceased leaves behind a residuary heir (asaba) or a fixed-share heir (dhu faridha) from his relatives, that person takes the entire estate, and the collateral relatives receive nothing. This is the position held by the majority of those who recognize inheritance for Dhawu al-Arham.
Supporting text
It is reported from Sa'id ibn al-Musayyab and 'Umar ibn 'Abd al-'Aziz that they permitted the maternal uncle (khal) to inherit alongside a daughter, possibly to avoid contradicting consensus or based on the narration, 'The maternal uncle inherits from one who has no inheritor.'