What is the ruling when the mother acknowledges a paternal brother and is corroborated by the full brother?

Chapter on Distant Kindred (Dhawu al-Arham)

Al-Mughni

Book of Inheritance Shares (Farā'id)

Book 32 · Issue 9 · Bab 5

Open in Qurani

Primary text

If the mother acknowledges a paternal brother and the full brother corroborates her, the paternal brother receives one-sixth, which is half of what is in the mother's possession, and the acknowledged paternal brother receives nothing. If the full brother does not corroborate the mother, she has acknowledged something the full brother does not claim. This situation may result in the property remaining in her hand, or the acknowledgment being invalid, or a settlement being reached as the property cannot leave their control due to the ambiguity. Alternatively, it may go to the public treasury (Bayt al-Mal) as it is property for which no rightful owner is established and no one claims it.

Supporting text

If the full brother does not corroborate the mother, she has acknowledged something the full brother does not claim. This situation may result in the property remaining in her hand, or the acknowledgment being invalid, or a settlement being reached as the property cannot leave their control due to the ambiguity. Alternatively, it may go to the public treasury (Bayt al-Mal) as it is property for which no rightful owner is established and no one claims it.