the remainder goes to the cousin who is not a brother, even if he is from the father; because he inherits with two kinship ties as a single inheritance, so if there is someone in the fixed-share inheritance who excludes one of them, his inheritance is dropped. This is just as when the fixed shares consume the entire wealth, the brother through both parents is excluded, and he does not inherit through the maternal kinship, as evidenced by the Mushtaraka case. As for us, regarding Ibn Mas'ud's position, the daughter excludes the inheritance by maternal kinship, so the agnacy remains independent, and he inherits through it. This differs from the offspring through both parents, for the maternal kinship is not used to grant him superiority, nor is a share assigned for it, so what excludes it does not affect it. In our case, a share is assigned for it, so if there is someone in the fixed-share inheritance who excludes it, it is dropped. Furthermore, if there were a brother through the father and a daughter along with the cousin who is a brother, the daughter would exclude the maternal kinship and he would not inherit anything through it; thus, the daughter would receive the half and the remainder would go to the brother through the father. Had it not been for the daughter, he would have inherited the sixth by virtue of being a brother through the mother. So, if the daughter excludes him along with the brother through the father, it is mandatory that she exclude him in every case, because the exclusion is by her, not by the brother through the father. What Sa'id ibn Jubayr mentioned is invalidated by the brother through both parents with the daughter, and by the cousin if he is a husband and is with someone who excludes the cousins. We do not concede that he inherits a single inheritance; rather, he inherits through his kinship two inheritances, like two persons. He thus became like the cousin who is a husband. He differs from the brother through both parents, for he does not inherit except a single inheritance, since the maternal kinship does not inherit by itself.

Section: Ibn Mas'ud's disagreement resulted in six issues. This is one of them. The second is regarding a daughter, son's daughters, and a son's son; the remainder according to him goes to the son, not his sisters. The third is regarding sisters through both parents and an [a brother and] sisters through the father; the remainder according to him goes to the brother, not his sisters. The fourth: a daughter, a son's son, and son's daughters; according to him, for the son's daughters is the more harmful of the two to them: the sixth or the division (muqasama). The fifth: a sister