What is the ruling if heirs dispute the portion exceeding certainty in an inheritance involving a hermaphrodite?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
Those who advocate for a claim regarding the portion exceeding certainty rule that the paternal uncle is certainly entitled to half. The remaining half is mutually claimed, leading to a division into three parts among the claimants, resulting in a valid division based on six shares.
Supporting text
This ruling applies similarly to a case involving a hermaphrodite brother and the son of a brother, and generally to any two consanguine heirs (ʿasabatayn) where one potentially excludes the other; the excluded heir inherits nothing if their female status is realized.