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مجلد 8 · صفحة 433فصل

الترجمة · EN

Thus, you multiply four by nine, which becomes thirty-six. If the heirs subsequently consent for the others, they complete for each one of them the full sixth of the estate, so the estate becomes sixths according to the first view. According to the other view, they aggregate what has accrued to them—which is twenty-one out of thirty-six—with what has accrued to the two of them, which is eight. Then they divide it among themselves into five, which is not valid, so you multiply five by thirty-six, which becomes one hundred and eighty, from which it is valid. If one of the sons consents for them and the other two reject, the consenting one is entitled to the sixth, which is three out of eighteen, and the two who did not consent are entitled to four-ninths, which is eight; seven remain to be divided among the legatees into three. Multiply this by eighteen, which becomes fifty-four. If one consents for one person, he pays him a third of what he possesses as surplus, which is a third of a share out of eighteen; multiply this by three, which becomes fifty-four. And Allah knows best.

Section: If he bequeaths to a man a specific portion, and to another the equivalent of the share of one of his heirs, there are two views regarding it. One of them is that the specific portion is given to its owner, and the remainder is divided between the heirs and the legatee as if he were that heir, if they consent. If they reject, you divide the third between the two legatees according to what they would have had in the event of consent, and the two-thirds between the heirs. The second view is that the owner of the share is given the equivalent of the heir's share, as if there were no other bequest. This is the position of Yahya ibn Adam. Its example is: a man bequeathed a third of his estate to a man, and to another the equivalent of the share of one of his sons, and there are three of them. According to the first view, the one bequeathed the third receives the third, and what remains is divided between the sons and the legatee into four. It is valid out of six; the owner of the third receives two shares, and the other receives one share. If they reject, the third is divided between

الحواشي

(4) In I, M: "they consent". (5) In the original, there is an addition: "ten" (ashr), which is an error. (6) In the original and A: "multiply it" (nadribuha). (7) Yahya ibn Adam al-Kufi, the reciter, memorizer (hafiz), and jurist, who died in the year 203 AH. Al-Ibar 1/343.

السابقمجلد 8 · صفحة 433التالي
السابق8·433التالي