Section: None of the issues of the kindred (dhawi al-arham) result in a return (awl) except for one issue and its likeness: a maternal aunt or someone else who stands in the place of a mother or grandmother, six daughters, and six sisters of different categories, or someone who stands in their place among those who take the estate via prescribed shares (7). For the maternal aunt receives one-sixth, the child of the mother receives one-third, and the daughters of the two sisters from both parents receive two-thirds; its base is from six and it increases (a'alat) to seven.

1032 - Issue: He said: (The males and females of the kindred inherit equally if their father is one and their mother is one, except for the maternal uncle and maternal aunt, for the maternal uncle receives two-thirds and the maternal aunt receives one-third).

There is a difference in the report from Ahmad regarding the inheritance of males and females among the kindred if they are from one father and one mother. Al-Athram, Hanbal, and Ibrahim ibn al-Harith reported regarding the maternal uncle and maternal aunt that they are given [the estate] equally. The manifest meaning of this is equality among all of the kindred. This is the choice of Abu Bakr and the school of Abu 'Ubayd, Ishaq, and Nu'aym ibn Hammad; because they inherit by pure kinship (rahm mujarrad), so their male and female are equal, like the child of the mother. Ya'qub ibn Bakhtan reported: If one leaves the child of his maternal uncle and his maternal aunt, place him in the position of the brother and sister; the male receives the share of two females, and the same applies to the child of the paternal uncle and paternal aunt. Al-Marrudhi reported from him regarding one who leaves his maternal uncle and maternal aunt: the maternal uncle receives two-thirds and the maternal aunt receives one-third. The manifest meaning of this is preference [of the male], which is the opinion of the people of Iraq and all of those who classify them (the scholars who assign them to the status of legal heirs); because their inheritance is considered in relation to others, it is not permissible to equate them with those who have prescribed shares (dhawi al-furud) because they take the entire estate, nor with the distant agnates because their male inherits alone to the exclusion of females. Therefore, it became necessary to compare them based on proximity (1) to the agnates, and the brothers and sisters. This is answered by the fact that they are compared to the child of the mother, and they only take the entire estate by means of the prescribed share and the return (radd). Everyone agreed on equality between the children of the mother because their parents...