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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 11 · صفحة 386فصل

الترجمة · EN

maintenance from him. If [the barred person] is from someone other than them, then no maintenance is upon him. Upon this, if he has parents and a grandfather, and the father is impoverished, the father is like someone non-existent, so one-third of the maintenance is upon the mother, and the remainder is upon the grandfather. If a wife is with them, it is the same. If we say: there is no maintenance upon the barred person, then there is only a quarter of the maintenance upon the mother, and nothing is upon the grandfather. If there are parents, two brothers, and a grandfather, and the father is impoverished, there is nothing upon the two brothers; for they are barred, and they are not from the two ancestral lines. The third of the maintenance is upon the mother, and the remainder is upon the grandfather, just as if no one existed other than them. It is possible that only one-sixth is mandatory upon the mother; because if the father were non-existent, she would not inherit except for one-sixth. If we say: indeed every barred person has no maintenance upon him, then there is only one-sixth of the maintenance upon the mother, and nothing upon anyone else. If there is no grandfather in the issue, the entire maintenance is upon the mother, according to the first opinion. According to the second [opinion], only one-sixth is upon her. If we say: indeed the maintenance is upon the one who is barred by an impoverished person, even if he is not from the two ancestral lines, then one-sixth is upon the mother, and the remainder is upon the grandfather and the two brothers in thirds, just as they inherit when the father is non-existent. If some of those upon whom the maintenance is required are absent, and he has wealth that is present, the judge shall spend his share from it. If no wealth is found for him, and it is possible for the judge to borrow on his behalf, he shall borrow; then when he arrives, the repayment is upon him.

Section: Whoever has nothing left over from his sustenance except for the maintenance of [one] person, and he has a wife, the maintenance is for her rather than the relatives; due to the saying of the Prophet (peace be upon him) in the hadith of Jabir: "If one of you is poor, let him begin with himself, [and if there is (9) a surplus, then upon his dependents (8)], and if there is (9) a surplus, then upon his relatives (10)." And because the maintenance of a relative is [an act of] consolation (muwasah), while the maintenance of a wife is mandatory by way of exchange (mu'awadah), so it is prioritized over mere consolation. For this reason, it is mandatory during both their affluence and their poverty, whereas the maintenance of a relative is contrary to that, and because

الحواشي

(8) Omitted from: B. (9) In A and M, there is an addition: "lahu" (for him). (10) Its derivation has been mentioned previously, on page 374.

السابقمجلد 11 · صفحة 386التالي
السابق11·386التالي