the practice today in the cities. However, it is narrated from Ibn Mas'ud that he would not return [the surplus] to a son's daughter alongside a daughter, nor to a sister from the father alongside a sister from both parents, nor to a grandmother alongside one who has a fixed share. Ibn Mansur narrated from Ahmad that he would not return [the surplus] to the mother's children alongside the mother, nor to the grandmother(3) alongside one who has a fixed share. What al-Khiraqi mentioned is more apparent in the school (madhhab) and more correct, and it is the opinion of the generality of those who hold the view of return (radd); because they are equal in the shares, so they must be equal in what stems from them, and because if the fixed share (faridah) were to be subject to the 'awl (increase in the divisor), the deficiency would fall upon everyone, so the return should reach them as well. As for the spouses, it is not returned to them by consensus of the scholars, although it is narrated from [Uthman, may Allah be pleased with] him that he did return [the surplus] to a husband. Perhaps he was a residuary (asabah) or a relative (dhu rahim), so he gave it to him for that reason, or he gave it to him from the public treasury (bayt al-mal), not by way of inheritance. The reason for this, if Allah wills, is that all those to whom the return is made are from the relatives (dhu al-arham), and they enter under the generality of the word of Allah the Almighty: {But those of blood relationships are more entitled to one another in the Book of Allah}(5). The spouses are excluded from that. Zayd ibn Thabit held that the surplus beyond the fixed shares belongs to the public treasury, and it is not returned to anyone beyond their fixed share. Malik, al-Awza'i, and al-Shafi'i, may Allah be pleased with them, said this; because Allah the Almighty said regarding the sister: {She shall have half of what he leaves}(6). Whoever returns [the surplus] to her gives her the whole, and because she is a holder of a named fixed share, it should not be returned to her, just like the husband. Our evidence is the statement of Allah the Almighty: {But those of blood relationships are more entitled to one another in the Book of Allah}(5). These are among the relatives, and they have precedence through proximity to the deceased, so they are more entitled than the public treasury, because it is for the rest of the Muslims, and the relative is more deserving than strangers, acting according to the text. The Prophet (may Allah bless him and grant him peace) said: "Whoever leaves wealth, it is for his heirs, and whoever leaves a burden (kall), it is for me."(7) In another wording: "Whoever leaves a debt, it is for me, and whoever leaves wealth, it is for the heirs." It is agreed upon. This is general in