and the sixth of the mother, and the sixth of the sister from the father, so the issue 'awls' (proportionally increases) by two-thirds of its [original] base, and its origin is six shares, so it 'awls' to ten. It is called 'Umm al-Furukh' (Mother of the Offspring) due to the frequency of its 'awl'; they likened its base to a mother and its 'awl' to her offspring. There is no issue in the laws of inheritance that 'awls' by two-thirds except for this one and its likes. In 'Umm al-Furukh', there must inevitably be a husband, two or more of the mother's children, a mother or grandmother, and two from the children of both parents or the father—or one from the children of both parents and the other from the children of the father. Whenever these components gather in it, it 'awls' to ten. The meaning of 'awl' is for fixed shares to crowd together such that the estate is insufficient for them, like this issue, so the deficiency falls upon all of them, and the estate is divided among them according to the proportion of their shares, just as the estate of an insolvent person is divided among his creditors according to [proportional] quotas due to the insufficiency of his wealth to fulfill their claims, and as the estate of a deceased person is divided among creditors when it [does not suffice for them], and the third [of an estate] is divided among legatees when it is insufficient for them. This is the opinion of the generality of the Companions and those scholars who followed them, may Allah be pleased with them. This is narrated from Umar, Ali, al-Abbas, Ibn Mas'ud, and Zayd. It is also the opinion of Malik among the people of Medina, al-Thawri, the people of Iraq, al-Shafi'i and his companions, Ishaq, Nu'aym ibn Hammad, Abu Thawr, and the rest of the scholars, except for Ibn Abbas and a small group that deviated. It is narrated from Muhammad ibn al-Hanafiyyah, Muhammad ibn Ali ibn al-Husayn, Ata', and Dawud that they said: Issues do not 'awl'. It was narrated from Ibn Abbas that he said, regarding a husband, a sister, and a mother: 'I would engage in mubahala (solemn imprecation) with anyone who wishes that issues do not 'awl'. He who counted the sands of 'Aalij in number is more just than to place in an estate a half, a half, and a third; these are two halves that have taken the entire estate, so where is the place for the third?' This issue was thus named the 'Issue of Mubahala' for that reason. It was the first issue involving 'awl' that occurred during the time of Umar, may Allah be pleased with him, so he gathered the Companions for consultation regarding it. Al-Abbas said: 'I hold that you should divide the estate among them according to the proportion of their shares.' Umar, may Allah be pleased with him, adopted this, and the people followed him in it.
(5) In the manuscripts: "naqulu" (we say). (6) In M: "yafiha" (suffice for them). (7) 'Aalij: Sands between Fayd and al-Qurayyat. Mu'jam al-Buldan 3/551.