Chapter on the inheritance of sisters alongside daughters, and on the inheritance of maternal half-siblings.

When one or more daughters are present together with one or more full or paternal sisters, the daughters—whether a single daughter or several—first receive their prescribed share. The majority of the scholars among the Companions and the Successors maintain that full sisters and paternal sisters then become residuaries with the daughters, a situation that the specialists in inheritance law call taʿṣīb maʿa al-ghayr (residuary through another). Accordingly, they take whatever is left after the allotted portion of the daughters or of the son’s daughters.

The evidence for this is the hadith recorded by al-Bukhari and others: “Abu Musa was asked about a case involving a daughter, a son’s daughter, and a sister. He answered, ‘The daughter receives one-half, and the sister one-half.’ Then he told the inquirer, ‘Go to Ibn Masʿud.’ When Ibn Masʿud was asked, and informed of Abu Musa’s response, he said, ‘In that case I would have gone astray and would not be among those rightly guided. I judge as the Prophet ﷺ did: the daughter gets one-half, the son’s daughter one-sixth, completing two-thirds, and whatever remains goes to the sister.’”

This narration is clear proof that the sister, when inheriting alongside a daughter, becomes a residuary and takes what remains after the fixed shares of the daughter and the son’s daughter.