Solutions to exercises

Exercise 1
Heirs2 DaughtersMotherFather
Shares2/31/61/6 + residue
Base number6
PortionsEach daughter = 211

Note that brother and sister are excluded by father.
2 daughters: 6 × 2/3 = 4 portions. Each daughter inherits 2.
Mother: 6 × 1/6 = 1 portion
Father: 6 × 1/6 = 1 portion
Check for residue: 6 – 4 – 1 – 1 = 0   or   6 – (4 + 1 + 1) = 0
Since there is no residue, the father receives just 1 portion like the mother.

Exercise 2
Heirs2 Wives5 Daughters3 Full brothers
Shares1/82/3Residue
Base number8 x 3 = 24
Portions3165
New base number2 x 5 x 3 x 24 = 720
New portionsEach = 45Each = 96Each = 50

None of the three categories of heirs can share their portions. So let’s consider the relationship between their number of heads and number of portions.
“Wives” category: 2 and 3 are tabayin (parallel)
“Daughters” category: 5 and 16 are tabayin (parallel)
“Full brothers” category: 3 and 5 are tabayin (parallel)
Since all of them are parallel, their number of heads is considered. Taking wives and daughters first, 2 and 5 are tabayin, so multiply them. 2 × 5 = 10. Now what is the relationship between 10 and 3 (heads of full brothers)? Tabayin. Again, multiply them. 10 × 3 = 30.
Hence, new base number = 30 × 24 = 720
New portion of 2 wives: 720 × 1/8 = 90; each has 45
New portion of 5 daughters: 720 × 2/3 = 480; each is given 96
New portion of 3 full brothers: 720 – (90 + 480) = 150; each inherits 50.

Exercise 3

a) 1/6 of the estate

HeirsHusband2 DaughtersMotherGrandfatherFull brother
Shares¼2/31/61/6Residue
Base number12
Portions38220
Increased base number15
Values0.20.530.130.130

b) 1/3 of residue

HeirsHusband2 DaughtersMotherGrandfatherFull brother
Shares¼2/31/6Residue
Base number12
Portions3820
Increased base number13
Values0.230.620.1500

There is no residue, so 1/3 of residue does not exist. Hence, grandfather and full brother inherits nothing.

c) Muqasama

Here, grandfather is expected to share the residue with full brother. But from the table above, there will be no residue to share. Hence grandfather and full brother gets nothing. Therefore, 1/6 of the estate is the most favourable to grandfather. The two other options do not entitle him to any share of the estate.


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