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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 102١٠٣٧ - مسألة؛ قال: (فإن كن ثلاث خالات مفترقات، وثلاث عمات مفترقات، فالثلث بين الثلاث خالات على خمسة أسهم، والثلثان بين الثلاث عمات على خمسة أسهم)

الترجمة · EN

unlike the paternal cousins. It is said, based on the analogy of the statement of Muhammad ibn Salim: The estate is for the daughter of the paternal cousin from the mother; because she is, after two degrees, in the position of the father, so the paternal cousin is excluded by her. Al-Khabari said: It is nothing. Abu al-Khattab has mentioned in his book "Al-Hidayah" a position of his own that leads to this. For he mentioned that fatherhood is one category, and paternal cousinhood is another category, and that if the distant and the near relative among the uterine relatives are from two different categories, the distant one is replaced until he reaches his heir, whether the near one is excluded by him or not. Thus, it follows from this that the daughter of the paternal cousin from the mother should be replaced until she reaches the father, and the two daughters of the other two paternal cousins would be excluded by her. I think that if Abu al-Khattab had known that this statement leads to this, he would not have said it, nor would he have adopted it, due to what it contains of opposing the consensus, the requirement of the evidence, and the exclusion of the strong by the weak, and the near by the distant. The school of thought does not differ in that the ruling on this issue is according to what Al-Khiraqi said.

Among the issues of that: a daughter of a paternal cousin from both parents and a daughter of a paternal cousin from a father; the estate is for the first. A daughter of a paternal cousin from a father and a daughter of a paternal cousin from a mother; it is likewise. A daughter of a paternal cousin from a father and a daughter of a son of a paternal cousin from both parents; it is likewise. A daughter of a son of a paternal cousin from a father and a daughter of a paternal cousin from a mother; the estate is for the first according to the practitioners of replacement, and it is for the second according to the scholars of kinship, because she is closer. A daughter of a paternal cousin from a mother, and a daughter of a daughter of a paternal cousin from both parents; the estate is for the first according to all of them. A daughter of a paternal cousin and a son of a paternal aunt; the estate is for the daughter of the paternal cousin according to the majority. It is narrated from Al-Thawri that for the daughter of the paternal cousin are two shares, and for the son of the paternal aunt is one share. A daughter of a daughter of a paternal cousin and a daughter of a son of a paternal cousin; the estate is for the latter according to the majority. And the statement of Ibn Salim is: it is for the former. A daughter of a paternal aunt from both parents and a daughter of a paternal cousin from a mother; the daughter of the paternal cousin has one-sixth, and the daughter of the paternal aunt has one-half, then the remainder is returned to both of them, so it is between them in four parts. Three daughters of paternal aunts of different relations and a daughter of a paternal cousin from a mother; the estate is between them in six parts. If there were with them a daughter of a paternal cousin from both parents, or from a father, she inherits the estate to the exclusion of them.

1037 - Issue: He said: (And if there are three maternal aunts of different relations, and three paternal aunts of different relations, then the one-third is between the three maternal aunts in five shares, and the two-thirds is between the three paternal aunts in five shares.)

الحواشي

(1) Omitted from: M.

السابقمجلد 9 · صفحة 102التالي
السابق9·102التالي