Section

If the share of each heir can be expressed as a fraction of the estate basis, then he receives it according to that fraction.

His statement, “If the share of each heir can be expressed as a fraction of the estate basis, then he receives it according to that fraction”: the division of estates means that every heir receives his due share without any reduction. There are several methods for this; the best of them is the method of proportions, when it is feasible. If it is not feasible, there are other methods mentioned in al-Burhāniyyah.

The method of proportions is to give each person from the estate the same proportion as his share of the estate basis. That is, one says: So-and-so receives one-sixth, one-fourth, one-eighth, and so forth.

An example is where a person dies leaving a mother, two uterine brothers, and two full sisters. The estate basis is six: the mother receives one-sixth, namely one; the two uterine brothers receive one-third, namely two; and the two full sisters receive two-thirds, namely four. Thus, the case is increased to seven. The mother receives one-seventh—one out of seven. If the estate consists of countable items, they are counted out; and if it is undivided property, it remains undivided. Thus, if the estate is real property, the mother receives one-seventh of it; the two uterine brothers receive two-sevenths of it—that is, two out of seven; and the full sisters receive four-sevenths of it—that is, four out of seven. This proportion is straightforward.

But when a case can only be resolved on the basis of a large number—sometimes running into the thousands—the proportion becomes extremely difficult. Can one say that they receive one-tenth and half of half of half of half of one-tenth?! This is inconceivable. In such a case, there is no method except the other methods: either the qīrāṭ method—whether