What is the distribution if there are three daughters, and one dies before the father, while another dies after him?

General Chapter

Al-Mughni

Book of Walā' (Patronage)

Book 33 · Issue 4 · Bab 1

Open in Qurani

Primary text

If there are three daughters, and one dies before the father, and another dies after him, the father's estate is assessed based on 27 parts due to lineage claims. The two surviving daughters inherit two-thirds by lineage. Of the remaining third, two-thirds are theirs due to the *Wala'a* over the deceased father, and one-third is theirs due to the *Wala'a* over their sister. Furthermore, the mother's emancipator receives one share. The second deceased daughter's estate, assessed based on 18 parts, is divided such that the living daughter receives nine by lineage, three by *Wala'a* over the deceased sister, and the mother's emancipator receives three. The remaining three parts belong to the emancipators of the first deceased daughter: one share goes to the living daughter, one share to the mother's emancipator, and one share remains circulating.

Supporting text

The disposition of the final circulating share varies: some assign it to the public treasury; others assign it to the mother's emancipator; and some divide it equally between the living daughter and the mother's emancipator. Overall, this reduces to four primary divisions for the estate. If their mothers were different, the complexity involves twelve shares.