How is the obligation of maintenance apportioned among multiple heirs?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 3 · Bab 1

Open in Qurani

Primary text

Maintenance is incumbent upon the heir according to the proportion of their inheritance from the person who requires maintenance. If there are two heirs, maintenance is split according to their inheritance shares. If there are three or more, the maintenance is divided among them in proportion to their inheritance shares. This is supported by the Quranic verse: {And upon the heir is similar to that} (Quran 2:233), which follows the obligation of maintenance upon the father. This principle establishes that the mother and paternal grandfather, when both inheriting from a child, share the maintenance in the ratio of their inheritance shares (mother one-third, grandfather the remainder), following Abu Hanifa's view. The mother is an heir, making her liable based on the text, and since this obligation arises from kinship, it is not exclusive to the paternal grandfather like paternal inheritance.

Supporting text

Al-Shafi'i holds that the entire maintenance rests upon the paternal grandfather because he alone inherits by right of 'Asabah (residuary), resembling the father's position. Another narration from Ahmad suggests maintenance is exclusive to the 'Asabah only. Some of our companions report a view where the maintenance is not obligatory upon the heir in specific cases, based on Ahmad's statement that no maintenance is due to the paternal aunt or maternal aunt.