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The Return (al-Radd)

The four Sunni schools say: The excess of the sharer’s shares is given to the residuaries. Hence if the deceased has a single daughter she will take half and the remainder goes to the father; and in his absence, to the full or consanguine sisters because they are residuaries with a daughter; and in their absence to the full brother’s son; and in his absence to the consanguine brother’s son; and then, in this order: the patemal uncle, the consanguine uncle and the paternal uncle’s son. In the absence of all of them, the excess will be returned to the sharers in the proportion of their shares, except the husband and the wife, as they are not entitled to the retum. For example, if a decedent leaves behind mother and a daughter, the mother will take one-sixth and the daughter half as their respective shares, and the remainder will be given to them as ‘retum’ by division into four parts, the mother receiving one-fourth and the daughter three-fourths. Similarly, if he leaves behind a con sanguine and a uterine sister, the former will take the daughter’s share and the latter the mother’s share.

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