Is the inheritance distributed among the heirs equally, or is it "to the male, twice the share of the female," according to the brother's wish?
If an heir relinquishes their share to the rest of the heirs, this is a gift (hiba) which they divide equally, and it is not distributed according to the rule of "the male receiving the share of two females," because the money is acquired through a gift. Ibn Hajar Al-Haytami was asked about someone who acknowledged a certain amount for the heirs of a particular person: should it be divided as their inheritance or equally? He replied that it should be divided equally among them, because most entitlements, such as gifts, bequests (wasiyya), and endowments (waqf), are based on equality.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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