Section: If it is said: A woman left behind a mother, two paternal cousins—one of whom is a husband and the other is a brother from the mother—and three disparate siblings, then say: This is the 'Musharrakah' (shared case); the husband receives the half, the mother the sixth, and the two brothers from the mother the third, while the two brothers from the parents and the father are excluded. Whoever includes them [in the sharing] assigns to the brother from the parents a ninth, and to each of the two brothers from the mother a ninth.

1007 - Issue: He said: (And if there is a husband, a mother, brothers and sisters from the mother, a sister from the parents, and sisters from the father, then the husband receives the half, the mother the sixth, the brothers and sisters from the mother the third divided equally among them, the sister from the parents the half, and the sisters from the father the sixth.)

As for the equal division among the children of the mother, we do not know of any disagreement therein, except for a report narrated in isolation from Ibn Abbas that he favored the male over the female, based on the statement of Allah the Exalted: "They are partners in the third" (Qur'an 4:12). He also said in another verse: "And if they are brothers, men and women, then to the male is the share of two females" (Qur'an 4:176). Our evidence is the statement of Allah the Exalted: "And he has a brother or a sister, then for each one of them is the sixth" (Qur'an 4:12). Thus, He made the male and female equal, and His statement: "They are partners in the third" without favoring some over others requires equality between them, just as if one had bequeathed them something or acknowledged a debt to them. As for the other verse, it refers to the children of both parents and children of the father, evidenced by the fact that He assigned to a single female the half, to two the two-thirds, and made the brother inherit [the share of] his sister entirely. Furthermore, this is a matter of consensus, so no consideration is given to an isolated opinion. The inheritance of the children of the mother here as the third, the mother as the sixth, and the husband as the half is a designation about which there is also no disagreement. There have gathered in this issue fixed shares that the estate is insufficient to cover, for the half for the husband and the half for the sister from the parents exhaust the estate, and there remain the third for the children of the mother,