One of the daughters among the beneficiaries of the original endowment died without leaving any children, and her siblings received her share. Then the second daughter died, leaving two daughters, who received her share. After that, the third daughter died without leaving any children, and her sister received her share. Then the fourth sister died, and they took the two-thirds share on her behalf. Are his maternal aunt’s children entitled to a share alongside him, or not?
He replied:
Praise be to Allah, Lord of all worlds. The first daughter’s share passed to her three siblings, as stipulated by the founder of the endowment. The children of one sister do not share with the children of the other in the original share that belonged to the mother of those other children. As for the reallocated share—the share that belonged to the third sister and passed to the fourth—the children of both sisters share in it, just as their mother shares in it. This is the stronger of the two opinions on this question.
Another opinion holds that everything the fourth sister received—her own share and the third sister’s share—passes exclusively to her children, because the founder stipulated:
“If he dies leaving no child, grandchild or more remote descendant, his share shall pass to those of the same degree of kinship, in addition to their entitlement to the income of the endowment.”
Those who hold this opinion argue that the added share has the same status as the share to which it is added. Since the latter passes to his children, so does the former, because the founder’s stipulation, “If any of them dies leaving a child, his share of the endowment shall pass to his child,” encompasses both the original and the reallocated shares.
The first opinion, however, is stronger, for his words, “his share shall be,” encompass the share