“Transferring the Inheritance” in the Light of the Holy Quran Focusing on the Viewpoint of Mohaqqeq Khouie

The situation of the excess property after distributing the inheritance share is a matter of dispute existed traditionally between the Imamites (Shi'ites) and the Sunnis. Shi'a jurisprudents maintain that it should be transferred to the farẓ bar heirs, while the Sunni jurisprudents hold that it should be paid to the male agnates ('aṣaba). The Imamites bring a number of arguments to support their views and to reject ta'ṣib including “consensus of opinions” and “the traditions with various chains of narrators”; but Mohaqqeq Khouie presents a new opinion which deserves review and analysis. He believes that the inheritance verses apparently refer to the distribution to the ratio but not a general distribution of the assets; in another words, the verses apparently maintain that the whole assets belong to the farẓ bar heirs but to the ratio of each heir’s share, therefore no excess property would remain to be given to the male agnates ('aṣaba). This article aims at explaining, contemplating on, and completing the new opinion. The article also uses the usual systematic method of argumentation and analysis.