The prescribed-share heirs are given their shares first, and whatever remains belongs to the residuary heirs; but in the Himariyya case, the latter are excluded. …

His statement, “The prescribed-share heirs are given their shares first, and whatever remains belongs to the residuary heirs”: this is taken from the saying of the Prophet, peace and blessings be upon him: “Give the prescribed shares to those entitled to them, and whatever remains goes to the nearest male relative.” (1) If nothing remains, the residuary heir is excluded. Hence he said:

“And in the Himariyya case, they are excluded,” meaning that the residuary heirs are excluded in the Himariyya case. This consists of a husband, a mother, maternal half-siblings, and full siblings. The estate is divided into six shares: the husband receives one half, or three shares; the mother receives one-sixth, or one share; and the maternal half-siblings receive one-third, or two shares. Nothing remains, so the full siblings are excluded. Full siblings are excluded while maternal half-siblings inherit!

The evidence is the saying of Allah and that of His Messenger, peace and blessings be upon him. Let us apply the rules to this case. The husband receives one half, based on the saying of Allah, Exalted is He:

“To you belongs half of what your wives leave, if they have no child.” [al-Nisaʾ: 12]

The mother receives one-sixth, based on His saying, Exalted is He:

“If he has siblings, then his mother shall have one-sixth.” [al-Nisaʾ: 11]

The maternal half-siblings receive one-third, based on His saying, Exalted is He:

“If a man or a woman leaves no direct heirs but has a brother or a sister, each one of them shall have one-sixth. But if they are more than that, they shall share one-third.” [al-Nisaʾ: 12]

Thus, we have allotted shares to these heirs according to the Book of Allah, Exalted is He. As for the residuary heirs, we say: You receive nothing, on the basis of the Sunnah of the Messenger of Allah, peace and blessings be upon him, when he said, “Give the prescribed shares to those entitled to them.” So we say: “We hear and obey, O Messenger of Allah. We have given the prescribed shares to those entitled to them.” Then he said, “And whatever remains goes to the nearest male relative.” We say: Nothing remains. The full siblings then raise an objection against us, one in which the common people follow them, saying: “How can maternal half-siblings inherit—”