What is the ruling when the cry of life (istihlal) from one of twin fetuses is heard once, and then heard again, without knowing if the second sound was from the first or the second twin?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 4 · Bab 5

Open in Qurani

Primary text

There is an opinion suggesting that inheritance is established only for the one whose cry is certain, while the other's claim is rejected based on the principle that the default state is non-existence of life (absence of istihlal). Under this view, if the crying twin is identified, they inherit alone. If the identity remains unknown, the ruling reverts to the case where only one unknown twin cried out. The school of Fardiyyun dictates that the issue must be calculated based on all possible scenarios, granting each heir the certain minimum share, and suspending the remainder.

Supporting text

If the second sound was confirmed to be a second distinct cry from the other twin, the ruling reverts to the primary case where the identity of the first crier is unknown.