nor Islam." It was narrated by Ahmad and al-Bukhari. The Prophet, peace and blessings of Allah be upon him, thus honored their assistance and their agreement with the Banu Hashim. Whoever had a mother from among them and a father from outside them does not deserve anything; because the Prophet, peace and blessings of Allah be upon him, did not give anything to the relatives of his mother, who are the Banu Zuhra, but rather he gave only to the relatives of his father. Had he given to the relatives of his mother, he would have given to the Banu Zuhra. The report of Jubayr indicates that he did not give them anything, nor did he give to the children of his paternal aunts, who were al-Zubayr ibn al-'Awwam, 'Abd Allah, the two sons of Abu Umayya, and the Banu Jahsh.

The third section: That the male and female participate in it, due to their inclusion in the name of kin. There is a difference of opinion regarding the division between them. According to Ahmad, it is divided between them such that the male receives the share of two females. This is the choice of al-Khiraqi and the school of al-Shafi'i; because it is a share deserved by paternal kinship in terms of religious law, so the male is favored over the female in it, just as in inheritance. It differs from a bequest and the inheritance of maternal siblings, for a bequest is deserved by the statement of the testator, and the inheritance of maternal siblings is deserved by maternal kinship. The second narration is that the male and female are treated equally, and this is the view of Abu Thawr, al-Muzani, and Ibn al-Mundhir; because they were given by the name of kin, and the male and female are equal in that, so it resembles what would be the case if one bequeathed something to the kin of so-and-so, or established an endowment for them. Do you not see that the grandfather takes along with the father, and the son of the son takes along with the son? This indicates a contradiction to the laws of inheritance, and because it is a share from the fifth of the fifth for a group, so the male and female are equal in it, as with his other shares. It is equal between the young and the old according to both narrations, because of their equality in kinship, so it resembles inheritance.

The fourth section: That it is distributed among them wherever they are in the various lands, and it is obligatory to encompass them with it as much as possible. This is the view of al-Shafi'i. Some said: The people of each region are specifically entitled to...