What is the ruling when it is known one person died before the other, but the order is uncertain?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If it is known that one died before the other, but the exact order is uncertain, each heir receives what is definitively theirs, and the remainder is held in abeyance until the matter is clarified or the heirs reach a settlement. The established view of the school suggests this is analogous to the ruling concerning drowned persons whose order of death is unknown, meaning the estate is divided accordingly.
Supporting text
If the heirs of each deceased person claim their relative died last, the Imam Ahmad ruled that the heirs of each deceased party must swear an oath and they exclusively inherit that portion. This may imply that in cases involving a claimant and a denier, the oath is taken by the denier, distinguishing it from other uncertain scenarios.