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Imāmī fiqh: on Radd

The Imāmīs observe: The sharers are entitled to the remainder in proportion to their shares by way of ‘retum’ if there exists no relative in their category; and if such a relative exists, after the sharer takes his share the remainder will go to that relative (e.g. when the mother and the father are heirs, aMer the mother takes her determined share, the remainder shall go to the father). If there exists with a sharer a relative who does not belong to his category, the sharer will take his share and then also the remainder by way of ‘retum’ (e.g. when the decedent is survived by his mother and a brother, she, after taking one-third as a sharer, will take the remainder by way of ‘retum,’ the brother receiving nothing because he belongs to the second category, while she belongs to the first category). Similarly, if there exists a consanguine sister with a paternal uncle, she will inherit the first half as a share and the second half by way of ‘retum,’ to the exclusion of the uncle, because he belongs to the third category while she belongs to the second category.

The Imāmīs do not give the ‘return’ to a uterine brother or sister in the presence of a consanguine brother or sister. Hence if the decedent is survived by a uterine and a consanguine sister, the former is entitled to one-sixth and the latter to a half (as sharer) as well as the remainder by way of ‘return,’ to the exclusion of the uterine sister. Yes, a uterine brother or sister is entitled to the ‘return’ if there i~ none belonging to their category, such as if the decedent is survived by a uterine sister and a consanguine paternal uncle, the whole estate will devolve on her to his exclusion, because he belongs to the third category, while she belongs to the second category.

The Imāmīs also do not entitle the mother to the ‘return’ in the presence of those who prevent her from inheriting in excess of one sixth. Hence if the deceased has a daughter and parents, and also brothers—who exclude the mother from inheriting one-third—the remainder will go only to the father and the daughter. But if there are no brothers to exclude the mother, the ‘return’ will be shared by the father, the daughter, and the mother in proportion to their shares.

It will be seen while discussing the inheritance of husband and wife, that the Imāmīs entitle the husband and not the wife to inherit by way of ‘return’ in the absence of all other heis apart from them.