Lesson 5

Daughter’s share is easy.
But son’s daughter is difficult. Go through it again and again to master it

They are the only descendants getting fixed share

For practical purposes they are classified as daughter’s class

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D & SD: Salient Features

Holy Quran fixes maximum and minimum shares

• If son/s and Daughters are there they share 2:1
• If no son/s
  • Maximum 2/3- if 2 or more than 2
  • Minimum 1 /2 - if single

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1. With the son of equal degree they become residuary in the ratio of 2:1 M:F
2. Nearer son excludes –all lower daughters
3. In the absence of equal degree son/s
   • Maximum 2/3- if 2 or more than 2
   • Minimum 1 /2 - if single
   1. If claimants are more than 2 and equal in degree they divide 2/3 equally among them
   2. If not equal in degree then the superior daughter is given first from 2/3 quota and remaining to lower SD, total not exceeding 2/3

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Daughter D

Daughter will have 3 states:

1. If Single = 1 /2 share
2. 2 or more = 2/3 equally divided
3. With Son of equal degree = she becomes residuary M:F ratio 2:1

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Number of D	Condition	Share
Single	No S	1/2
2 or more	No S	2/3
Any No.	With S	Balance M:F = 2:1

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D & SD: Difference of opinion

1. Ibn Abbas’s opinion : Only if Daughters are 3 and above they will get 2/3
2. Most other scholars disagree with this : 2 or more than 2 are same according to them.

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D - Sum Up

Pr./Sec	Primary Heir
Excluded by	None
They exclude	Excludes lower SD if her no.is 2 or more Excludes Bu & Su
Share fraction	As above
Effect on others	Reduces SD share. Reduces share of mother. Converts Sf &Sc into residuary
Effect of others	S converts her into residuary
Effect of Awl	Share reduces
Effect of Radd	Eligible
Special occasion	Nil

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How To Find D Share

Since D is primary heir she is never excluded

• See if S is there = D goes for residue
• No S + Single D = ½
• No S + 2 or more D = 2/3 equally divided

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Son's Daughter (SD)

1. With the son of equal degree they become residuary in the ratio of 2:1 M:F
2. Nearer son excludes – all lower daughters
3. In the absence of equal degree son/s
   • Maximum 2/3 - if 2 or more than 2
   • Minimum 1 /2 - if single
   1. If claimants are more than 2 and equal in degree they divide 2/3 equally among them
   2. If not equal in degree then the superior daughter is given first from 2/3 quota and remaining to lower SD, total not exceeding 2/3
   3. Lower SSS will make higher SD residuary if she is not getting share otherwise

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SD Share

	Condition	Share
Higher S	S Present	Nil
With SS of equal degree	No S	Balance. M:F =2:1
If unequal & single superior D	1D, No S, SS	½ to superior D and 1/6 to lower SD
2D - exclude	2D with no S, SS	Nil
2D	with SS	Bal with SS
2D	2D & No S, SS With SSS	Balance if not getting share otherwise
Single	No S, SS & D	1/2
2 or more	No S, SS & D	2/3

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How To Find SD Share

1. Higher S present = SD excluded
2. See if equal SS is present = balance with SS
   No S,No SS—See No. of D
3. 1 D = SD will get 1/6
4. 2 D + No SSS = SD will get NIL
5. 2 D + lower SSS present = Balance with SSS
6. No S, SS + No D + Single SD = ½
7. No S, SS + NO D + 2 or more SD = 2/3

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With S or SS, SD will have 3 states:

1. Higher S or SS will exclude lower SD or SSD
2. If same degree ,he will drag her into residue
3. If SSS is lower than SD and if SD is not getting any share with D, then he will drag her into residuary class. Here presence of SSS benefits SD

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SD - Sum Up

Pr./Sec	Secondary Heir
Excluded by	More than 2D, Higher S, Higher SD >2
They exclude	Excludes lower SD if her no.is 2 or more Excludes Bu &Su
Share fraction	As above
Effect on others	Reduces lower SSD share, Reduces share of mother Converts Sf & Sc into residuary
Effect of others	SS converts her into residuary D reduces her share and >2D exclude her
Effect of Awl	Share reduces
Effect of Radd	Eligible
Special occasion	SD with lower SSS, if SD is not getting share

<< Go to Lesson 4 – Calculation of shares: H, W, F & M    Go to Lesson 6 – Sister class, Calculation of shares: SF >>