فصل [في العصبات]

The residuary (ʿaṣaba) is of two kinds: kinship residuary.

And contractual residuary.

Kinship residuary is of three types: residuary in his own right.

And residuary through another.

And residuary alongside another.

1.

Residuary in his own right: every male linked to the deceased solely through males: such as the father and his forefathers, the son and his descendants, the full or paternal half-brother and their descendants, and the full or paternal uncle and their descendants.

The first category takes precedence, then the second in order, then the third, then the fourth.

If two of one category meet, the higher in degree is given precedence; and if they are equal in degree, the one related through both parents is given precedence.

2.

Residuary through another: every female whose fixed share is the half becomes residuary through her brother, so no separate fixed share is allocated to her and the property is between them: {for the male the like of the portion of two females}; and they are 1) the daughter, 2) the son’s daughter, 3) the full sister, 4) or paternal half-sister—and no residuary inherits with his sister apart from these.

3.

Residuary alongside another: full or paternal half-sisters become residuary alongside daughters and sons’ daughters.

Contractual residuary: the manumitter, whether male or female, and his or her patron residuary; he is the last of the residuaries.

The residuary takes the whole estate when there is no fixed sharer, and what remains after the fixed share when a fixed sharer exists; if nothing remains, it falls away.