one sixth, namely one share, and the grandmother receives one sixth, namely one share. The case is reduced to two: after the return, the uterine brother receives one half and the grandmother one half.

Thus, the bases of cases involving return are two, three, four, and five. If it comes to six, that means that all the prescribed shares have been fully allotted. Hence, in the case of two full sisters and two uterine sisters, the case is based on six: the two full sisters receive two thirds, namely four shares, and the two uterine sisters receive one third, namely two shares; there is no return.

His statement, “excluding the spouses,” means that no return is made to either spouse. Thus, if a deceased person leaves only a husband, the case is based on two: the husband receives one half, namely one share, and the remainder goes to the public treasury, because there is no evidence that return applies to the spouses. The proof for return is Allah’s saying: “And those of blood relationship are more entitled to one another” [al-Ahzab: 6]. The husband and wife do not inherit from one another by virtue of blood relationship, but by virtue of marriage. Therefore, the husband is like any other Muslim, and the remainder is given to the public treasury. Some scholars have related that there is consensus that no return is made to the spouses, since the evidences provide no basis for making return to them.

Some have narrated from the Commander of the Believers, Uthman ibn Affan, may Allah be pleased with him, that he made a return to a husband whose wife died leaving no heir other than him (1). It is well known that the Commander of the Believers Uthman, may Allah be pleased with him, was one of the Rightly Guided Caliphs, and that his sunnah is to be followed by the Prophet’s command (2).

Those who maintain that no return is made replied that this was an individual case, and an individual case does not establish a general ruling. Perhaps he made the return to him because he was a paternal cousin, in which case he would receive one half by virtue of being the husband