umm al-furūkh (أُمُّ الْفُرُوخِ)

umm al-furūkh (أُمُّ الْفُرُوخِ)


الفقه أصول الفقه

التعريف :


A name given to a case of inheritance in which the prescribed shares exceed the total, as the woman left behind her husband, two half sisters born to her father, her mother, and two half brothers born to her mother.

المعنى الاصطلاحي :


The designation of an inheritance case comprising a husband, a mother, two full sisters or paternal sisters, and two or more maternal siblings.

الشرح المختصر :


"Umm al-furookh" (the mother of chicks) is a famous case in the science of inheritance. Case description: a wife dies and leaves behind a husband, a mother, two full sisters or paternal sisters, and two or more maternal brothers or sisters. Solution: the husband gets one half (three), the mother gets one sixth (one), the two full or paternal sisters get two thirds (four), and the maternal siblings get one third (two). The case is mainly divided by six but reaches ten. It was named thus because it involves much "‘awl" (the total due shares exceed the available estate). "Furookh" (sing. farkh): chick. This case is also called "shurayhiyyah" because the first time it occurred was during the time of the judge Shurayh Al-Qādi.