What is the disposition of the remaining estate share when a daughter who inherited both lineage and *Wala'a* shares dies later?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the surviving daughter (who inherited lineage and partial *Wala'a* from her sister) dies after her father, her wealth goes to her emancipators: half to her mother's emancipator, and half to the emancipator of her deceased sister. This latter half is divided, with half going to the mother's emancipator (totaling a quarter of the original share) and the remaining quarter returning to the deceased sister's estate. Because this portion cycles back to the deceased whose heirs cannot be determined (as the share originated from the deceased sister), the ruling jurists, including Al-Qadi, state that it reverts to the public treasury (*Bayt al-Mal*) as there is no known rightful claimant. This is the position of Muhammad ibn al-Hasan and is consistent with the opinion of Malik and Shafi'i.

Supporting text

Some Shafi'is and scholars from Madinah, representing the opinion of the majority (*Jumhur*), maintain that this circulating share goes to the emancipator of the deceased sister's mother.