### Special Case: Inheritance by Dual Relationship

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Here is the answer key for the mini-quiz we concluded with in the previous post:

1. Yes
2. No
3. No
4. No
5. No
6. Yes

Any questions/confusions should, as always, be expressed in the comments section below, insha’Allah.

In certain cases of inheritance the mayyit may have two relationships with an heir. Such an heir will inherit through both relationships. The way to solve such a problem is simple; the heir will be treated as two distinct people, inheriting as both, and getting the sum of the two shares at the end.

Lets try one out, insha’Allah.

Example 1: A woman dies leaving behind

• Husband/Haqeeqi paternal uncles son
• 1 Haqeeqi paternal uncles sons

The mayyits husband is also her haqeeqi paternal uncles son, i.e. cousin.

This is a case of a woman marrying her paternal cousin. In this case, the husband will inherit as a husband and also as a cousin. In addition, the mayyit also has another separate cousin of the same kind. In conclusion, the mayyit has two cousins, one of them also being her husband. We can turn this into a new list of distinct heirs as below:

• Husband
• 2 Haqeeqi paternal uncles sons

Now we incorporate this list into the chart below:

Since the husband has a double relationship with the mayyit, he inherits from both angles.

Husband gets:
2 portions as the husband.
1 portion as a cousin.

Total portions for the husband/cousin  ＝ 3 portions

Final Answer: The estate will be divided into 4 equal portions:

The Husband/Haqeeqi paternal uncles son gets 3 portions.
The other Haqeeqi paternal uncles son gets 1 portion.

Example 2: A man dies leaving behind

• 2 Wives
• Maternal grandfather
• 2 Haqeeqi paternal aunts
• 1 Akhyaafi brother/Haqeeqi paternal uncles son
• 1 Haqeeqi paternal uncles son
• 1 Allaati paternal uncles son

The maternal grandfather, haqeeqi paternal aunts are non-heirs. The allaati paternal uncles son is excluded. This leaves us with:

• 2 Wives
• 1 Akhyaafi brother/Haqeeqi paternal uncles son
• 1 Haqeeqi paternal uncles son

In this case, the mayyits akhyaafi brother is also his paternal cousin. In addition to this, the mayyit has a second cousin. Looking at it as distinct relationships, we can say that the mayyit has 1 akhyaafi brother and 2 haqeeqi paternal uncles sons, along with 2 wives. See list below:

• 2 Wives
• 1 Akhyaafi brother
• 2 Haqeeqi paternal uncles sons

Accordingly, the chart is below:

Similar to the previous problem, we add up the two shares of the akhyaafi brother/cousin to get his total share.

Akhyaafi brother gets:
4 portions as the akhyaafi brother.
7 portions as a cousin.

Total portions for the akhyaafi brother/cousin ＝ 11 portions

Final Answer: The estate will be divided into 24 equal portions:

Each Wife gets 3 portions.
The Akhyaafi brother/Haqeeqi paternal uncles son gets 11 portions.
The other Haqeeqi paternal uncles son gets 7 portions.

We conclude this post with an example problem for the readers to do on their own. The answer will be provided in the next post insha’Allah.

A man dies leaving behind

• Mother
• Paternal grandmother
• 1 Haqeeqi sister
• 1 Akhyaafi brother/Haqeeqi paternal uncles son
• 1 Allaati paternal uncles son

How will the estate be divided and distributed?