Where the four schools stand
Agreed. The sixth is not in the Qur’an; the two thirds it completes is. Surah an-Nisa 4:176 gives one sister a half and two sisters two thirds of what is left. Every school reads the sisters as one class with a ceiling of two thirds, and places the half-sister through the father exactly where the son’s daughter stands beside a daughter — taking whatever is needed to bring the class up to its ceiling, and nothing once it is full. The son’s daughter’s own sixth is a Prophetic ruling: asked about a daughter, a son’s daughter and a sister, Ibn Mas‘ud said he would judge as the Prophet judged — half to the daughter, a sixth to the son’s daughter, the rest to the sister. Hanafi: al-Haskafi lists among the owners of the sixth “the sister by the father, one or more, with the single full sister — in completion of the two thirds”, and Ibn ‘Abidin counts it as one of the two states peculiar to the sisters by the father, the other being that they fall away where there are two full sisters or more. Maliki: Khalil puts the son’s daughter and the half-sister under one ruling — “and to the second, with the first, the sixth, completing the two thirds, however many they are” — and says it again of the half-sister by name, adding that if the full sisters are more than one “there is nothing for the one by the father”. Shafi‘i: the Minhaj’s list of the seven who take a sixth includes “a sister, or sisters, by the father, with a full sister”, and al-Shirbini works the case through: one full sister takes the half and the half-sisters take “the sixth, completing the two thirds”, while with two full sisters “there is nothing for the unmixed females among them”. Hanbali: al-Khiraqi’s text states both limbs in one sentence, and Ibn Qudama adds that the whole of it is agreed among the jurists of the great cities; al-Buhuti repeats it. On ‘awl, there is no special rule. The completing sixth is an ordinary fixed share and shrinks with the rest when the shares overrun the estate — each school states the abatement as falling on every fixed sharer in proportion, and al-Mughni gives the worked cases: a husband with one full sister and one half-sister is a base of six raised to seven, and adding a mother raises it to eight. We checked this point; the schools do not differ on it.
Shared evidence: Surah an-Nisa 4:176 — a half for one sister, two thirds for two; the class ceiling the sixth completes · Sahih al-Bukhari 6742 — the Prophetic ruling on the son’s daughter’s completing sixth, which every school reasons from here · al-Durr al-Mukhtar with Ibn ‘Abidin, Radd al-Muhtar 6/772 — the sixth for the sister by the father, one or more, “in completion of the two thirds” (Hanafi) · Khalil with al-Dardir and al-Dasuqi 4/460 — the same rule for the son’s daughter and the half-sister, and nothing for her where the full sisters are more than one (Maliki) · Mughni al-Muhtaj 4/18 — “and for a sister, or sisters, by the father, with a full sister”, among the seven owners of the sixth (Shafi‘i) · Mughni al-Muhtaj 4/28 — the two classes of sibling worked through: the sixth completing the two thirds, and nothing beside two full sisters (Shafi‘i) · Ibn Qudama, al-Mughni, mas’ala 4823 — al-Khiraqi’s text, and “the whole of this is agreed among the jurists of the great cities” (Hanbali) · al-Buhuti, Kashshaf al-Qina’ 10/376 — a half to the full sister and the sixth to the half-sisters, and only their own brother makes them residuaries (Hanbali) · al-Mughni, mas’ala 4844 — the ‘awl cases: a husband with one full and one paternal sister is six raised to seven; add a mother and it is eight · al-Mawsu’a al-Fiqhiyya al-Kuwaytiyya 3/40 — the third state of the sisters by the father, and the half-brother who makes her a residuary.
Not covered by this finding: what happens when a paternal grandfather survives alongside them — the schools already differ over whether he shares with siblings at all (see The grandfather beside brothers and sisters), and whether the half-siblings are counted against him and then give their share back to the full sister is a further question this entry does not settle. Nor does it settle how the surplus is returned by radd between two sisters of different classes, radd itself being a point on which the schools divide — not yet researched school by school. Treat that as open and ask a scholar of your school.
Researched finding from our madhhab register — issue takmila-paternal-sister, reviewed 2026-09-05.
The half-brother through the father can help her or ruin her, and which it is depends on the arithmetic. Once he stands with her she has no fixed share at all: the two of them take whatever is left after the fixed shares, two parts to him and one to her. Beside one full sister and nobody else that comes to the same sixth she would have had. With two half-sisters it comes to more — a quarter between them rather than a sixth. And where the fixed shares use the estate up there is no remainder, so both of them get nothing, where she alone would have had a sixth; the Shafi‘i books call him al-akh al-mash’um, the ill-omened brother, for exactly that. One dissent is on record, and it is a Companion’s. Ibn Qudama reports Ibn Mas‘ud as giving the paternal females, where a half-brother is present, the worse of the two computations and the remainder to the males; Ibn Qudama sets “the rest of the Companions and the jurists” against him. It is reported here as Ibn Qudama reports it, and it is not a school’s position: no page may render it as a fifth row beside the four.
Full evidence and history: The half-sister’s completing sixth — takmilat al-thuluthayn — the issue page.
Putting this into a Canadian will
A difference between the schools only reaches an estate if it is written into a will that the province recognises. Which school you follow is your choice; whether the document is valid is not.
Making an Islamic will in Canada — province by province, and what makes one valid where you live →
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 4:176, the kalala verse — “in imru’un halaka laysa lahu waladun wa lahu ukhtun fa-laha nisfu ma tarak … fa-in kanata ’thnatayni fa-lahuma al-thuluthani mimma tarak … wa in kanu ikhwatan rijalan wa nisa’an fa-li’l-dhakari mithlu hazzi al-unthayayn” — the half for one sister and the class entitlement of two thirds that the paternal half-sister’s sixth completes; cited for exactly that by al-Mughni 6/274 and Kashshaf al-Qina’ 10/376 — al-Qur’an al-Karim
- Sahih al-Bukhari 6742 (Book 85, Hadith 19) — Hudhayl from ‘Abdullah b. Mas‘ud: “la-aqdiyanna fiha bi-qada’i al-nabi … li’l-ibnati al-nisfu, wa li-bnati al-ibni al-sudsu, wa ma baqiya fa-li’l-ukht” — Muhammad b. Isma‘il al-Bukhari (d. 256 AH)
- al-Haskafi, al-Durr al-Mukhtar with Ibn ‘Abidin, Radd al-Muhtar, Kitab al-Fara’id, the owners of the sixth — “wa’l-sudusu li’l-ukhti li-abin fa-aktharu ma‘a al-ukhti al-wahidati li-abawayni takmilatan li’l-thuluthayn”, placed immediately after the identical rule for the son’s daughter beside a single daughter; with Ibn ‘Abidin’s seven states of the non-uterine sisters, of which two belong to the sisters by the father alone — this sixth, and “annahunna yasqutna ma‘a al-shaqiqatayni fa-aktharu illa an yakuna ma‘ahunna man yu‘assibuhunna” — and the fifth state, “annahunna yasqutna bi’l-ibni wa-bnihi wa bi’l-abi ittifaqan” — Muhammad Amin b. ‘Abidin (d. 1252 AH) on al-Haskafi (d. 1088 AH)
- al-Durr al-Mukhtar with Radd al-Muhtar, Bab al-‘Awl — “(huwa ziyadatu al-sihami) idha kathurat al-furudu (‘ala makhraji al-farida) li-yadkhula al-naqsu ‘ala kullin minhum bi-qadri fardihi, ka-naqsi arbabi al-duyuni bi’l-muhassa’a”, with ‘Umar named as the first to rule by ‘awl on al-‘Abbas’s suggestion — Muhammad Amin b. ‘Abidin (d. 1252 AH) on al-Haskafi (d. 1088 AH)
- Khalil’s Mukhtasar with al-Dardir, al-Sharh al-Kabir, and Hashiyat al-Dasuqi, Bab fi’l-Fara’id (vol. 4 p. 460) — “wa li’l-thaniyati — ay jinsi al-thaniyati wa hiya bintu al-ibni aw al-ukhtu li’l-ab — ma‘a al-ula — ay al-binti aw al-ukhti al-shaqiqa — al-sudusu takmilata al-thuluthayn, wa in kathurna”; and, said again in terms, “wa ukhtu al-abi fa-aktharu ma‘a al-shaqiqati fa-akthara kadhalik … fa-ta’khudhu allati li’l-abi wahidatan fa-akthara al-sudusa ma‘a al-shaqiqati al-wahida, fa-in ta‘addadati al-shaqiqatu fa-la shay’a li’llati li’l-ab ittahadat aw ta‘addadat ma lam yakun laha akhun li-ab”; with al-Dasuqi’s gloss “wa illa akhadha al-thulutha ma‘aha”, and the rule that only her own brother makes her a residuary, never a brother’s son — Ahmad al-Dardir (d. 1201 AH) with Muhammad b. Ahmad al-Dasuqi (d. 1230 AH)
- al-Sharh al-Kabir with Hashiyat al-Dasuqi, al-‘Awl (vol. 4 p. 471) — “(u‘ilat) al-furudu ay zida fiha bi-an tuj‘ala al-faridatu bi-qadri al-siham fa-yadkhulu al-naqsu ‘ala kulli wahidin min arbabi al-furud”, with the six rising to seven, eight, nine and ten, and the note that the umma settled on ‘awl against Ibn ‘Abbas’s later dissent — Ahmad al-Dardir (d. 1201 AH) with Muhammad b. Ahmad al-Dasuqi (d. 1230 AH)
- al-Nawawi’s Minhaj with al-Shirbini, Mughni al-Muhtaj, fasl fi bayan al-furud wa ashabiha (vol. 4 p. 18) — the matn’s seven owners of the sixth: “wa’l-sudusu fardu sab‘atin: abin wa jaddin … wa jaddatin wa li-binti ibnin ma‘a binti sulbin wa li-ukhtin aw akhawatin li-abin ma‘a ukhtin li-abawayn wa li-wahidin min waladi al-umm”, glossed “kama fi’l-binti wa banati al-ibn” — the son’s daughter’s own sixth resting on “li-qada’ihi ﷺ … rawahu al-Bukhariyyu ‘an Ibni Mas‘ud” — al-Khatib al-Shirbini (d. 977 AH)
- Mughni al-Muhtaj, fasl fi irth al-hawashi (vol. 4 p. 28) — the two classes of sibling together: “(wa law ijtama‘a al-sinfani) … (fa-ka-ijtima‘i awladi al-sulbi wa awladi ibnihi) … aw untha fa-laha al-nisfu wa’l-baqi li-awladi al-abi al-dhukuri faqat aw al-dhukuri wa’l-inathi li’l-dhakari mithlu hazzi al-unthayayn, fa-in lam yakun min waladi al-abi illa untha aw inathun fa-laha aw lahunna al-sudusu takmilata al-thuluthayn, wa in kana waladu al-abawayni ithnatayni fa-aktharu fa-lahuma aw lahunna al-thuluthani wa’l-baqi li-waladi al-abi … wa la shay’a li’l-inathi al-khullasi minhuma ma‘a al-ukhtayni li-abawayni fa-akthara”; the matn “(wa’l-ukhtu la yu‘assibuha illa akhuha) la ibnu al-akhi wa la ibnu al-‘amm”; and the worked all-female case “li’l-shaqiqati al-nisfu wa li’llati li’l-abi al-sudusu takmilata al-thuluthayni wa li’llati li’l-ummi al-sudus” — al-Khatib al-Shirbini (d. 977 AH)
- Mughni al-Muhtaj, fasl fi irth al-hawashi (vol. 4 p. 27) — the paternal sister in the Mushraka set: “wa law kana badalahu ukhtun li-abin furida laha al-nisfu wa ‘alat, wa law kanata ithnatayni fa-aktharu furida lahuma aw lahunna al-thuluthani wa u‘ilat, wa law kana ma‘ahunna akhun li-abin saqata wa asqatahunna, wa li-dhalika summiya hadha al-akha al-mash’um” — the ta‘sib that costs a fixed sharer her share when nothing is left over — al-Khatib al-Shirbini (d. 977 AH)
- Mughni al-Muhtaj, fasl fi usul al-masa’il wa ma ya‘ulu minha wa qismati al-tarika (vol. 4 p. 56) — “(ila sab‘atin ka-zawjin wa ukhtayni) li-ghayri ummin: li’l-zawji thalathatun, wa li-kulli ukhtin ithnani fa-‘alat bi-sudusihima, wa naqasa li-kulli wahidin sub‘u ma nutiqa lahu bihi” — al-Khatib al-Shirbini (d. 977 AH)
- Ibn Qudama, al-Mughni, Kitab al-Fara’id, mas’ala 4823 (vol. 6 p. 274) — al-Khiraqi’s matn: “wa’l-akhawatu mina’l-abi bi-manzilati al-akhawati mina’l-abi wa’l-ummi idha lam yakun akhawatun li-abin wa umm; fa-in kana akhawatun li-abin wa ummin wa akhawatun li-abin, fa-li’l-akhawati mina’l-abi wa’l-ummi al-thuluthani, wa laysa li’l-akhawati mina’l-abi shay’, illa an yakuna ma‘ahunna dhakarun fa-ya‘sibahunna fima baqiya, li’l-dhakari mithlu hazzi al-unthayayn. Fa-in kanat ukhtun wahidatun li-abin wa ummin, wa akhawatun li-abin, fa-li’l-ukhti li’l-abi wa’l-ummi al-nisfu, wa li’l-akhawati mina’l-abi wahidatan kanat aw akthara min dhalika al-sudusu, takmilatu al-thuluthayn, illa an yakuna ma‘ahunna dhakarun fa-ya‘sibahunna fima baqiya”; Ibn Qudama: “wa hadhihi al-jumlatu kulluha mujma‘un ‘alayha bayna ‘ulama’i al-amsar, illa ma kana min khilafi Ibni Mas‘udin wa man tabi‘ahu”, with Ibn Mas‘ud’s view stated (“al-adarra bihinna mina ’l-muqasamati aw al-sudus”) and answered; and Surah an-Nisa 4:176 given as the basis of the half and the two thirds — Ibn Qudama al-Maqdisi (d. 620 AH)
- al-Mughni, mas’ala 4844 — “wa’l-‘awlu ziyadatun fi’l-sihami, wa nuqsanun fi ansiba’i al-waratha”, with the worked cases of a base of six rising to seven and to eight (the mubahala case: husband, sister, mother) — Ibn Qudama al-Maqdisi (d. 620 AH)
- al-Buhuti, Kashshaf al-Qina’ ‘an matn al-Iqna‘, Kitab al-Fara’id (vol. 10 p. 376) — the full sisters’ half and two thirds “ijma‘an”, then: “(wa’l-akhawatu mina’l-abi ma‘ahunna) ay: al-shaqiqat (ka-banati al-ibni ma‘a al-banati sawa’an) fa-fi shaqiqatin wa ukhtin li-abin fa-akthara: li’l-shaqiqati al-nisfu, wa li’llati li-abin fa-akthara al-sudusu takmilata al-thuluthayn … fa-in kana al-shaqiqatu thintayni fa-aktharu saqatati al-akhawatu li-abin ma lam yu‘assabna (illa annahu la yu‘assibuhunna illa akhuhunna) duna ibnihi” — Mansur b. Yunus al-Buhuti (d. 1051 AH)
- al-Mawsu’a al-Fiqhiyya al-Kuwaytiyya, ahwal al-akhawat li-ab, states (1)–(3) (vol. 3 p. 40) — state (3): “al-sudusu li’l-wahidati aw akthara ma‘a al-ukhti al-shaqiqati al-wahidati takmilatan li’l-thuluthayn, li-anna farda al-shaqiqati al-nisfu, wa’l-ukhtu li-abin ma‘aha ka-binti al-ibni ma‘a al-bint … illa idha kana ma‘aha fi hadhihi al-halati akhun li-abin fa-innahu yu‘assibuha … wa yasqutani ma‘an ‘al-akhu wa’l-ukhtu li-ab’ lawi ’staghraqati al-furudu al-tarika” — Ministry of Awqaf and Islamic Affairs, Kuwait
- al-Mawsu’a al-Fiqhiyya al-Kuwaytiyya, entry “Irth” §43, the seven states of the sisters by the father — state (5) “al-irthu bi’l-ta‘sibi ma‘a al-banati aw banati al-ibni wa in nazal … fa-ta’khudhu al-baqiya bi’l-‘usuba … wa tasqutu idha istaghraqat al-furudu al-tarika”; state (7) “tuhjabu bi’l-abi, wa’l-ibni, wa-bni al-ibni … wa bi’l-akhi al-shaqiqi, wa’l-ukhti al-shaqiqati idha sarat ‘asabatan ma‘a al-binti aw binti al-ibn” — footnoted to al-Mabsut 29/156 and al-Sharh al-Kabir 4/459–460 — Ministry of Awqaf and Islamic Affairs, Kuwait