Section: If a woman gives birth to twins and one of them cries out (istahalla), but it is not known which one specifically, if they are both males, both females, or one male and one female, their inheritance does not differ, so there is no distinction between them. If they are a male and a female and their inheritance differs, the Qadi said: Among our companions are those who said: Lots should be cast between them; whichever one the lot selects is considered the one who cried out, just as if he divorced one of his wives and it was not known which one it was, then he died, she is determined by drawing lots. Al-Khabri said: There is no text from the predecessors on this. The specialists in inheritance law (al-faradiyyun) said: The issue is worked out based on both scenarios, each heir is given the certain portion, and the remainder is withheld until they reach a settlement. It is also possible that it is divided among them according to the probability.

Among the problems of this: A man left behind his mother, his brother, and a mother of his child (umm walad) who was pregnant by him. She gave birth to twins, a male and a female, and one of them cried out, but it was not known which one specifically. It was said: If the son is the one who cried out, the mother has a sixth, the remainder is his, his mother inherits a third of it, and the remainder is for his paternal uncle. Multiply three by six, and it becomes eighteen: the mother of the deceased has three, the mother of the child has five, and the paternal uncle has ten. If the daughter is the one who cried out, the issue is from six; the daughter dies leaving three, for her mother is one share, and for her paternal uncle are two shares. The six enters into the eighteen, so whoever has a portion from the eighteen is multiplied by one, and whoever has a portion from the six is multiplied by three. The mother's sixth does not change, and for the uncle from the six is four times three, which is twelve, while he has from the eighteen ten times one. This is the certainty, so he takes it. For the mother of the child is five times one share, and one share times three, so she takes it, and he withholds two shares between the brother and the mother of the child until they reach a settlement. It is also possible that they divide it between them. A pregnant woman and an uncle; the woman gave birth to a son and a daughter, and one of them cried out, but it was not known which. Both issues are from twenty-four; if you give each one less than their share, three remain withheld. If there is a daughter with them, each of the two issues is from seventy-two, and the withheld amount is twelve. A woman, an uncle, and a mother pregnant by the father; she gave birth to a son and a daughter, and one of them cried out. If the brother is the one who cried out, it is from thirty-six, and if the sister is the one who cried out, it is from thirteen. The two issues are coprime, so multiply one by the other, and it becomes four hundred and sixty-eight. Everyone who has a portion from either of the two issues is multiplied by the other; you pay to each person the lesser of the two shares, leaving fourteen, nine of which are between the woman and the uncle, and five between the mother and the uncle. If the woman and the mother are both pregnant, and they give birth together, and one of them cries out, each of them returns to thirty-six, each heir is given the lesser of the two shares, and eleven remain, four of which are withheld between the wife and the mother, and seven between the mother and the uncle.

Section: If the pregnant woman gives birth to twins and the crying out is heard from one of them, then it is heard a second time, and it is not known if it is from the first or the second, it is possible that inheritance is established for the one whose crying out is known, to the exclusion of the one we doubted; because the default is the absence of his crying out. According to this probability, if the one who cried out is identified, he is the sole heir. If his identity is unknown, it is as if one of them cried out, but was not specifically identified. The specialists in inheritance law said: It is worked out based on the scenarios, each heir is given the certain portion, and the remainder is withheld.

Among the problems of this: A pregnant mother, a sister from the father, and an uncle; the mother gave birth to two daughters and one of them cried out, then the crying out was heard a second time, and it was not known if the other cried out, or if it was repeated from one? It was said: If it was from both of them, they both died leaving four out of six, and the first of them to die is not known, so their ruling is the ruling of those who drown. Whoever is of the opinion that one of them does not inherit from the other said: They have left behind a mother, a sister, and an uncle, so it is valid from eighteen. And if the crying out was from only one, she died leaving three out of six, so it is valid from twelve, and between them there is compatibility.