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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 501فصل

الترجمة · EN

as the dowry, and a 'thing' as the concession. There remain five 'things' for the husband's heirs. Then, half of her wealth returns to them through inheritance, which is two and a half plus half a 'thing'. They thus possess seven and a half minus half a 'thing', which equals two 'things'. Use algebra and balance it; the 'thing' turns out to be three. Thus, she has eight, and half of it, which is four, returns to the husband's heirs. They are left with six, and her heirs are left with four. If the husband leaves behind another five, you say: Twelve and a half minus half a 'thing' remains with the husband's heirs, which equals two 'things'. The 'thing' is five, so the entire concession for her is valid, and everything he conceded to her returns to the husband's heirs, while the dowry of her equivalent remains for her heirs. If the woman has five, and the husband has nothing, you say: Ten minus half a 'thing' remains with the husband's heirs, which equals two 'things'. The 'thing' is four, so she has nine as the dowry, plus its fifth, which is fourteen. Half of it returns to the husband's heirs, along with the one dinar that remained for them, so they have eight and her heirs have seven. If she has a debt of three, you say: Six minus half a 'thing' remains with the husband's heirs, which equals two 'things'. The 'thing' is two and two-fifths dinars. The rule for this is that we look at what remains in the hands of the husband's heirs; two-fifths of it is the 'thing' in which the concession is valid, and this is because after using algebra, it equals two and a half 'things', and the 'thing' is two-fifths of two and a half. If you wish, subtract five and take half of what remains.

Section: The third division, that he khula' (divorces for compensation) her during her illness for more than her dowry. The school of Ahmad is that her heirs may choose not to give him more than his inheritance from her, so he receives the lesser of the compensation or his inheritance from her. Abu Hanifa held this view if he khula' her after consummating the marriage with her and she died before the expiration of her waiting period (idda), because she is

الحواشي

(32) In the original and A: 'a third of it'. (33) Omitted from A. (34) In A: 'and there remains'. (35) Omitted from M. (36) In A: 'remained'. (37) In M: 'and he died'.

السابقمجلد 8 · صفحة 501التالي
السابق8·501التالي