The 'shared' case — also called the Himariyya or 'donkey' case.
In Islamic law
A woman dies leaving a husband, mother, two or more uterine brothers, and full brothers. The fixed shares exhaust the estate, leaving the full brothers — normally residuary heirs — with nothing. The Maliki and Shafi'i schools allow the full brothers to share the uterine brothers' one third; the Hanafi and Hanbali schools leave them with nothing.
In Canadian law
An unusual configuration, but where it arises the difference is total: one group receives a share or receives nothing at all.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
Where the madhahib differ
| Issue | Hanafi | Maliki | Shafi’i | Hanbali |
|---|---|---|---|---|
| Do full brothers share the uterine third? | No — they take nothing | Yes — they share it | Yes — they share it | No — they take nothing |
Reported as arising before 'Umar ibn al-Khattab, who is said to have revised his ruling; the nickname comes from the argument put to him.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position.
- Surah an-Nisa 4:11 — shares of children and parents — Quran.com
- Surah an-Nisa 4:12 — shares of spouses and uterine siblings — Quran.com
- Surah an-Nisa 4:176 — the kalalah verse — Quran.com
- Sahih al-Bukhari, Book 85: Laws of Inheritance (Faraid) — Sunnah.com
- Sahih Muslim, Book of Inheritance — Sunnah.com
- Encyclopaedia of Islam — Brill