How is inheritance divided among two daughters, a son, and a hermaphrodite, all children of the deceased?
If the deceased leaves behind a son, two daughters, and a hermaphrodite child, the inheritance is divided among them by ta'sib (residuary heirship), with the male receiving the share of two females. The inheritance of a hermaphrodite is a matter on which scholars differ:
The Maliki and Hanbali schools, and Abu Yusuf and Muhammad from the Hanafi school: The hermaphrodite inherits half the share of a male and half the share of a female. The school of Abu Hanifa: The hermaphrodite inherits the lesser of the two shares (male or female) as a precautionary measure. The Shafi'i school: The hermaphrodite is given the certain portion (the minimum share, whether male or female), and the remainder is withheld until their status becomes clear or the heirs reach a settlement.
Detailed explanation of the Hanbali school's view:
1. If there is hope for their status to become clear: Each heir is given the lesser share, and the remainder is withheld until the hermaphrodite's condition is ascertained. The estate is divided into 30 shares: 10 for the son, 5 for each daughter, and 10 shares are withheld for the hermaphrodite. If the hermaphrodite is male, they take all the withheld shares. If female, they take 6 shares, and the son receives an additional 2, and each daughter an additional 1.
2. If there is no hope for their status to become clear: They are given half the inheritance of a male and half the inheritance of a female. The estate is divided into 60 shares: 22 for the son, 11 for each daughter, and 16 shares for the hermaphrodite.
It is advisable to refer inheritance cases to Sharia courts for investigation and to ensure there are no wills or debts that take precedence over the heirs' rights.
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