What is the ruling on inheritance when the exact sequence of the parents' deaths is ambiguous, and each son claims his victim died first?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 5 · Bab 5

Open in Qurani

Primary text

If the manner of the parents' deaths is obscure, and each son claims his victim died first, the ruling regarding their inheritance follows the precedent set for those drowned. In this scenario, each one inherits from the other deceased parent, and subsequently, each son inherits a portion of his own blood money, causing Qisas to be waived against both.

Supporting text

Another view suggests that Qisas should be waived in all cases due to the doubt (Shubhah), and each son should receive the blood money (Diyyah) and estate of the other parent.