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المغني لابن قدامة - ت التركي
مجلد 8 · صفحة 528

الترجمة · EN

that is its tenth and half of its tenth. If the bequest of the owner of the undivided share is one-half, he receives one hundred and one-third of the slave in the case of approval, and the owner of the slave receives two-thirds. In the case of rejection, the owner of the undivided share receives one-fifth of the two hundred and one-fifth of the slave, and the owner of the slave receives two-fifths. On the other view, the owner of the undivided share has one-fourth of the two hundred and one-sixth of the slave, and the owner of the slave has one-third of him. The method for this is to relate the one-third to what they both obtained in the case of approval, then give each person from what they obtained in the case of approval that same ratio. On the first view, you relate the one-third to their bequests, then give each person in the case of rejection the equivalent of the result proportionally. The explanation of this in this issue is that the ratio of the one-third to their bequests is two-fifths, because the half and the third are five out of six, so the third is two-fifths of that. Thus, the owner of the slave gets two-fifths of the slave, because that is his bequest, and the owner of the half gets one-fifth, because that is two-fifths of his bequest. On the other view, they have obtained two-thirds in the case of approval, and the ratio of the one-third to them is one-half. So, each of them receives from what they obtained in the case of approval one-half of it. The owner of the undivided share had one-half of the two hundred, so he now has one-fourth of it; he had one-third of the slave, so he now has one-sixth of him. The owner of the slave had two-thirds of him, so he now has one-third of him. If the issue remains as it is, but his property other than the slave is three hundred, then in the case of approval, the owner of the undivided share has one hundred and fifty and one-third of the slave, and the owner of the slave has two-thirds. In the case of rejection, the owner of the undivided share has two-ninths of the entire property, and the owner of the slave has four-ninths, according to the first view. On the second view, the owner of the slave has one-fourth and one-sixth of it, and the other has one-eighth and half of one-sixth, and from the property eighty, which is its fourth and one-sixth of its tenth. If he bequeathed his entire property to a man, and the slave to another, then in the case of approval, the owner of the slave has one-half of him, and the remainder entirely goes to the other. In the case of rejection, the one-third is divided between them into five parts: the owner of the slave receives one-fifth, which is one-fourth of the slave and one-sixth of its tenth, and the other receives four-fifths, so he has from the slave the equivalent of what his companion obtained.

الحواشي

(10) In (M): "four". (11) In the margin of (M): "The correct version is one-third of it and one-fifth of one-ninth, and for the other, one-ninth and one-third of one-fifth."

السابقمجلد 8 · صفحة 528التالي
السابق8·528التالي