and the remainder by agnatic succession; or perhaps he made a return to him because he considered him among those most entitled to the public treasury, owing to his poverty, his many dependants, or something similar. Thus, the return would be for a cause of inheritance—namely agnatic kinship, since he was a paternal cousin—or because he was entitled to the public treasury, being more deserving of it. There is no doubt that a husband is among those most deserving of being treated generously from the public treasury by means of his wife’s estate.

How do we proceed when one of the spouses is present and we hold that no return is made to them? If a deceased person leaves a wife and a daughter, with an estate of eight million, and we were to hold that return is made to the wife, we would say: the case is based on eight; the wife receives one eighth, one share, and the daughter receives one half, four shares, making a total of five. But we do not say this, because the wife is entitled to no more than one eighth. Therefore, if there is only one category of return heir, the case presents no difficulty: the wife receives her share, and the remainder goes to the existing heir by prescribed share and return. Thus, if he leaves a wife and a daughter, the case is based on eight: the wife receives one eighth, one share, and the remainder belongs to the daughter by prescribed share and return—one half as her prescribed share, namely four shares, and the remaining three by return.

If there are several categories of return heirs, we divide the spousal case and give the husband or wife their due share. We then divide what remains after the spousal share according to the return case, after first adjusting the return case. If it divides evenly, then that is sufficient; otherwise, we apply to the two cases what will be mentioned later, if Allah wills. For example, if a woman dies leaving a husband and three daughters, the husband’s case is based on four: the husband receives one quarter, one share, leaving three shares. The case of the three daughters is based on three, because they are of one category; and when return heirs are of one category, their case is based on their number. Thus, the daughters’ case is based on three, while the remainder after the spousal share is three; therefore, it divides evenly. The case is consequently based on four: the husband receives one quarter, one share, and the remainder belongs to the three daughters by prescribed share and return.