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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 103

الترجمة · EN

It is valid from fifteen shares; for the maternal aunt who is from the father and mother, there are three shares; for the maternal aunt who is from the father, one share; for the maternal aunt who is from the mother, one share; for the paternal aunt who is from the father and mother, six shares; for the paternal aunt who is from the father, two shares; and for the paternal aunt who is from the mother, two shares. It is only like this because the maternal aunts are in the position of the mother, and the paternal aunts are in the position of the father; so it is as if the deceased left his father and his mother. Thus, to his mother is the one-third, and the remainder is for his father. Then, what became the mother's is divided among her sisters into five, because they are sisters of hers of different relations, so her portion is divided between them by fixed share and return into five, just as the estate of the deceased is divided among his sisters of different relations. And what became the father's is divided among his sisters into five. Thus, the fraction in both places was over five, and one of them suffices for the other because they are two identical numbers. We multiply five by the base of the issue, which is three, so it becomes fifteen, as mentioned. For the maternal aunts is a share in five, divided among them as mentioned, and for the paternal aunts are two shares in five, which becomes ten among them, over five, as was also mentioned. This is the position of the generality of the replacement practitioners. According to the scholars of kinship, for the paternal aunt from both parents are the two-thirds, and for the maternal aunt from both parents is the one-third, and the rest of them are excluded. Nu'aym and Ishaq said: The maternal aunts are all equal, so their portion is among them over three. Likewise, the portion of the paternal aunts is among them over three, where they are equal; so this issue according to them is from nine. If there is with the maternal aunts a maternal uncle from a mother, and with the paternal aunts a paternal uncle from a mother, then the share of each of the two groups is among them over six, and it is valid from eighteen shares according to the replacement practitioners. Regarding three maternal uncles of different relations with their sisters, and a paternal uncle and paternal aunt from a mother, the one-third is between the maternal uncles and maternal aunts over six, for the maternal uncle and maternal aunt from a mother is three, divided between them equally; and two-thirds of it is for the maternal uncle and maternal aunt from both parents, divided between them over three according to those who gave preference—and this is the position of most of the replacement practitioners, and one of the two narrations from Ahmad, and Al-Khiraqi mentioned it regarding the maternal uncle and maternal aunt specifically, without the rest of the uterine relatives. The other narration is that it is between them equally, and the two-thirds is between the paternal uncle and paternal aunt equally. Regarding three paternal aunts and three daughters of a paternal uncle, and three maternal aunts and three sons of a maternal uncle, the inheritance is for the paternal aunts and maternal aunts, and the remaining are excluded; so for the maternal aunts is the one-third, and the remainder is for the paternal aunts. If there are with them three daughters of brothers, then for the maternal aunts is the one-sixth, and the remainder

السابقمجلد 9 · صفحة 103التالي
السابق9·103التالي