ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 434

الترجمة · EN

the legatees into three, and the two-thirds between the sons into three, and it is valid out of nine. According to the other view, the owner of the third receives the third, and the other receives a fourth if it is permitted for both of them; if it is rejected against them, you divide the third between them into seven, and the two-thirds are for the heirs, and it is valid out of sixty-three. If the portion exceeds a third, such as if he bequeaths to a man a half and to another the equivalent of the share of one of his sons, there is a third view, which is that the owner of the share is given his share from the two-thirds, which is a fourth of them; because the two-thirds are the right of the heirs, and nothing is taken from them except with their consent and approval, so the owner of the share is like one of them, who does not decrease the sixth by anything except with his consent. Thus, according to the first view, the owner of the portion receives the half, and the remainder is divided between the other and the sons into four, and it is valid out of eight if they consent. If they reject, you divide the third between the two legatees into five, and the two-thirds between the sons into three, and it is valid out of forty-five. According to the second view, the owner of the half receives the half, the other receives the fourth, and the fourth remains between the sons, and it is valid out of twelve. If they reject, the third is divided between the two legatees into three, and it is valid out of nine. According to the third view, the owner of the half receives the half, the other receives the sixth, and the third remains between the sons into three, and it is valid out of eighteen. If they reject, the third is divided between the two legatees into four, and it is valid out of thirty-six. If he bequeaths to the owner of the portion two-thirds, then according to the first view, the owner of the half receives a fourth of the third—one share out of twelve—if they consent. If they reject, you divide the third between the two legatees into nine. According to the second view, he receives a fourth in the case of consent, and in the case of rejection, the third is divided between the two legatees into eleven. According to the third view, he receives the sixth in the case of consent, and in the case of rejection, the third is divided between the two legatees into five. If he bequeaths to a man his entire estate and to another the equivalent of the share of one of his heirs, then according to the first view, the other legatee is not entitled to anything in either consent or rejection. According to the second, the two legatees divide the estate between them into five in the case of consent, and the third into five in the case of rejection. According to the third, they divide the estate into seven in the case of consent, and the third into seven in the case of rejection.

Section: If he bequeaths to a man the equivalent of the share of an heir, and to another a portion of what remains of the estate, there are also three views regarding it. One of them is that the owner of the half is given the equivalent of the share of the heir, if there is no other bequest. The second is that he is given the equivalent of his share from two-thirds of the estate. The third is that he is given the equivalent of his share after the owner of the portion takes his bequest. According to this view, the cycle (al-dawr) enters it, and upon it is the derivation (al-tafri'). Its example is: a man left three sons and bequeathed the equivalent of the share of one of them to one, and half of the remainder of the estate to another. According to the first view, the owner of the share receives a fourth, the other receives half the remainder, and what remains is for the sons, and it is valid out of eight. According to the second, he receives the sixth, the other receives half the remainder, and it is valid out of thirty-six. There is no derivation for these two views because they are clear. As for the third, the cycle enters it, and there are methods for solving it: one is that you take the divisor of the half, subtract a share from it, and a share remains, which is the share (al-nasib). Then you add one to the number of sons, making it four, multiply it by the divisor, making it eight, subtract a share from it, and seven remain, which is the estate. The one bequeathed the share gets one share, the other gets half the remainder, which is three, and each son gets one share. Another method is that you add half a share to the shares of the sons and multiply them by the divisor, making it seven. A third method, which is called the reversed (al-mankus), is that you take the shares of the sons, which are three, and say: This is the remainder of an estate from which half has gone; so if you want to complete it, add its equivalent to it, then add to it the equivalent of a son's share, making it seven. A fourth method is to make the estate two shares and a share, and pay out the share.

الحواشي

(8) In A and M: "its fourth". (9) That is, from the two-thirds. In I and M: "from them". (10) In the original: "the share".

السابقمجلد 8 · صفحة 434التالي
السابق8·434التالي