What is the ruling when the heirs deny the existence of the two brothers mentioned in the admission?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 2 · Bab 5

Open in Qurani

Primary text

If the existing heirs deny the existence of the two brothers, the lineage of the one whose existence is agreed upon is established. This is the sounder position.

Supporting text

There are two jurisprudential opinions regarding the treatment of the one whose existence is denied. In one view concerning the distribution, each of the claimants is given one-third of what remains in the heir's possession.