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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 101فصل

الترجمة · EN

Section: A son and a daughter of a sister from both parents, two daughters of a brother from a father, three children of a sister from a father, five children of a sister from a mother, and ten daughters of a brother from a mother. Its base is eighteen, and it is sound from five hundred and forty. According to the practitioners of replacement, half of that is between the two children of the sister from both parents equally, according to those who equate them, or in thirds according to those who prioritize. For the children of the mother is one-third, which is one hundred and eighty: for the children of the brother, ninety, and for the children of the sister, ninety. For the children of the father is ninety: for the children of the brother, sixty, and for the children of the sister, thirty. Three daughters of brothers of different relations and three daughters of sisters of different relations: for the two children of the mother is one-third between them equally, and the remainder is for the two children of both parents; to the daughter of the brother goes two-thirds of it, and to the daughter of the sister goes one-third of it. If there were with them three children of maternal uncles of different relations, they have one-sixth: to the son of the maternal uncle from the mother goes one-sixth of it, and the remainder is for the son of the maternal uncle from both parents, and one-half remains. To the daughter of the brother from both parents goes two-thirds of it, and to the daughter of the sister goes one-third of it, and it is sound from thirty-six. The ruling regarding three maternal uncles of different relations in dividing the inheritance of the mother between them is like the ruling regarding three brothers of different relations in dividing their inheritance between them. Likewise, three maternal uncles of different relations, with three maternal aunts of different relations, are like three daughters of brothers of different relations with three daughters of sisters of different relations, according to what has been mentioned.

1036 - Issue: He said: (And if there are three daughters of paternal cousins of different relations, the estate is for the daughter of the paternal cousin from the father and mother; because they were placed in the position of their fathers.)

Most of the scholars of replacement hold this view, and it is the position of the scholars of kinship. Al-Thawri said: The estate is between the daughter of the paternal cousin from both parents and the daughter of the paternal cousin from the mother in four parts. Abu Ubayd said: For the daughter of the paternal cousin from the mother is one-sixth, and the remainder is for the daughter of the paternal cousin from both parents, like the daughters of brothers. None of this is sound; because they are in the position of their fathers, and if their fathers were alive, the estate would be for the paternal cousin from both parents. It differs from the daughters of brothers; because for their fathers, the estate would be between them in six parts, and the brother from the mother inherits with the brother from both parents, unlike the paternal cousins.

الحواشي

(1) In M: "the son". (2) In M: "we mentioned". (1) In the addition: "and the others were excluded".

السابقمجلد 9 · صفحة 101التالي
السابق9·101التالي