Successive inheritance (munasakha): a second heir dies before division

المُنَاسَخَة

Munasakha in the lexicon is transfer or change. In law it is the passing of an heir's share, when he dies before division, to those who inherit from him. The jurists give three cases, a method for combining the shares and correcting the sums, and a famous example, the Ma'muniyya problem.

Depth

At a glance

Review
Draft Completeness 1/5 · Help complete it

Summary

Munasakha is the passing of a share, when an heir dies before the estate is divided, to those who inherit from him. 1 2

Three cases

In the first, the second dead person's heirs inherit from the first as they would have, so the estate is divided among the living. In the second, they do not inherit from each other, so each death is counted separately. In the third, the heirs of the second are in part heirs of the first, so the sums are combined. 1 2 3

Method

The shares are combined into a common sum, each sum being reduced to its agreement or multiplied where there is no agreement, and the result is checked by adding the shares back. 3 4

The Ma'muniyya problem

A man dies leaving two parents and two daughters; one daughter dies before division. The answer depends on whether the first dead person was male or female, and the case is named after Ma'mun, who asked Yahya ibn Aktham about it when he meant to appoint him judge. 5 5

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15032
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15033
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15034
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15035
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.15036
Cite this page

islam.museum contributors. “Successive inheritance (munasakha): a second heir dies before division”. islam.museum, https://islam.museum/en/concept/munasakha/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON