with the exception of the mother. When there are two paternal cousins, one of whom is also the husband or a uterine brother, he first receives his fixed share and the residue is divided between the two of them. If the fixed shares absorb the entire estate, the residuary heir (ʿāṣib) is excluded.
Chapter
On the Fundamental Divisors (uṣūl al-masāʾil)
The basic root numbers of inheritance problems are seven:
- Two – for example, a husband together with a (full) sister;
- Three – as in a mother and her child;
- Four – as in a husband and a son;
- Six – as in a grandmother and a paternal uncle;
- Eight – as in a wife and a son;
- Twelve – as in a husband, a mother, and a son;
- Twenty-four – as in a wife, a mother, and a son.
Through ʿawl (augmentation)(1) the base of six may swell to ten, the base of twelve (when the heirs are single individuals) to seventeen, and the base of twenty-four to twenty-seven, as in the case known as al-Minbariyyah(2).
When the share allotted to a class is not divisible among its members, multiply their number—or its greatest common factor—by the original base of the problem and by its augmented figure, if augmentation has occurred. The product is the corrected base (ṣaḥīḥ).
Section
On Munāsakha (Successive Deaths)(3)
If some heirs die before the estate is distributed, and the survivors inherit from them in the same manner as they did from the first deceased—for example, brothers—then divide according to