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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 527

الترجمة · EN

According to the opinion of al-Khiraqi, may Allah have mercy on him, each of them takes half of his bequest from the place from which he was bequeathed it, and the owner of the one-third takes one-sixth of the entire [estate]; because he was bequeathed one-third of the whole. As for according to our view, the bequest of the owner of the slave is less than the bequest of the owner of the one-third; because he was bequeathed something in which he shares the entirety with another, whereas the owner of the one-third was singled out with something in which no one else shares with him. Thus, it is mandatory that the one-third be divided between them in the case of rejection according to their proportions in the case of approval, as is the case in all other bequests. Therefore, in this issue of al-Khiraqi, the owner of the one-third has one-third of the two hundred, which is sixty-six and two-thirds, which the other does not dispute with him, and they share in the slave: the former has one-third of him, and the latter has all of him. Expand this from the category of the fraction, which is the third; the slave becomes three, and add to it the third that belongs to the other; it becomes four. Then divide the slave into four parts; the third becomes a fourth, as in the issues of 'awl. In the case of rejection, their bequests are reduced to one-third of the property, which is half of their bequests; thus each returns to half of his bequest, so the owner of the one-third returns to one-sixth of the entire estate, and the owner of the slave returns to one-half of him. According to our view, the denominator of the third is multiplied by the denominator of the fourth, becoming twelve, then multiplied by three, becoming thirty-six. So the owner of the one-third has one-third of the two hundred, which is eight, and one-fourth of the slave, which is three parts; he now has eleven. The owner of the slave has three-fourths of him, which is nine parts; he adds them to the portions of the owner of the one-third, and the total becomes twenty parts. In the case of rejection, you make the one-third twenty parts, and the entire property sixty. Thus, the owner of the slave has nine of the slave, which is one-fourth and one-fifth of him, and the owner of the one-third has eight of the forty, which is one-fifth of it, and three of the slave.

الحواشي

(4) This is struck through in the original and (A), and written in its place in a different pen: "one-sixth of the entire property". (5) In (M): "our issue". (6) Omitted from (A). (7) In the original and (B): "fa-asqit-hu" (drop it). (8) Omitted from the original. (9) Omitted from the original and (A).

السابقمجلد 8 · صفحة 527التالي
السابق8·527التالي