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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 105فصل

الترجمة · EN

from a father, and a daughter of a paternal aunt from both parents, the wealth is for the daughter of the son of the paternal uncle. A son of a maternal uncle (2) from a mother, a daughter of a maternal aunt from a father, a daughter of a paternal uncle from a mother, and a son of a paternal aunt from a father: the one-third is from four, and the two-thirds are from four as well, and it is valid from twelve. In the school of kinship, the one-third is for the daughter of the maternal aunt, and the two-thirds are for the son of the paternal aunt, and it is valid from three.

Section: A maternal uncle, a maternal aunt, and a father of a mother: the wealth is for the father of the mother. If there is with them a daughter of a paternal uncle, or a paternal aunt, then the one-third is for the father of the mother, and the remainder is for the daughter of the paternal uncle, or the paternal aunt. And if in the place of the father of the mother there is his mother, then there is nothing for her; because the maternal aunt is more antecedent to the heir, and the category is one. A maternal aunt and a father of a mother's mother (3): the wealth is for the maternal aunt; because she is in the position of the mother, and she excludes the mother of the mother. A son of a maternal uncle and a son of a brother from a mother: the wealth is between them over three, as if they were a mother and a brother from a mother. According to the replacement practitioners, it is for the son of the brother. If there is with them a son of a sister from a father, the wealth is among them over five; for the son of the sister is three-fifths of it, and for each one of the other two is one-fifth. And if there is with them a daughter of a brother from both parents, she has one-half, and for each one of the remaining is one-sixth. According to the replacement practitioners, there is nothing for the son of the maternal uncle, and the wealth is between the remaining ones over five. A maternal uncle and a son of a son of a sister from a mother: the wealth is between them over three. According to the replacement practitioners, it is for the maternal uncle. A daughter of a daughter of a sister from both parents, a son of a son of a brother from a mother, a daughter of a son of a brother from a father, and a daughter of a maternal aunt: for this one is the one-sixth, and the remainder is for the daughter of the son of the brother. According to the replacement practitioners, the entire wealth is for him.

Section: A paternal aunt and a daughter of a brother: the wealth is for the paternal aunt according to him who adjusts her as a father, and for the son of the brother according to him who adjusts her as a paternal uncle, and between them according to him who adjusts her as a grandfather. A daughter of a paternal uncle, a daughter of a paternal aunt, a daughter of a brother from a mother, and a daughter of a brother from a father: for the daughter of the brother from the mother is one-sixth, and the remainder is for the daughter of the brother from the father. If there is no daughter of a brother from a father, then the remainder is for the daughter of the paternal uncle. It follows from the position of him who adjusts the distant relative until he attaches him to his heir, and makes paternity a category and brotherhood a category, that the children of brothers are excluded. If he makes paternity a category and paternal unclehood another category, he excludes the daughter of the paternal uncle by the daughter of the paternal aunt, and it is said: this is the position of Ibn Salim, and it is far-fetched. A daughter of

الحواشي

(2) In M: "maternal aunt". (3) Omitted from: M.

السابقمجلد 9 · صفحة 105التالي
السابق9·105التالي