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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 12

الترجمة · EN

the parents, or from the father. As for three daughters or more, there is no disagreement that their portion is two-thirds, and that this is established by the saying of Allah the Almighty: "But if there are [only] daughters, two or more, for them is two-thirds of one's estate." There is a difference of opinion regarding what established the fixed portion of two daughters. It is said: It is established by this verse, and the construction is: "If they are [only] daughters, [being] two," and the word "more" is an additive element (silah), similar to His saying: "Strike [them] above the necks (fawqa al-a'naq)" (5), meaning: strike the necks. This is indicated by the fact that when this verse was revealed, the Prophet (peace and blessings of Allah be upon him) sent a message to the brother of Sa'd ibn al-Rabi': "Give Sa'd's two daughters two-thirds." This act from the Prophet (peace and blessings of Allah be upon him) is an interpretation of the verse and an explanation of its meaning; when an expression is interpreted, the ruling is established by the interpreted text itself, not by the interpretation. It is also indicated by the fact that the cause for the revelation of the verse was the story of the two daughters of Sa'd ibn al-Rabi', and their mother's question regarding their status in their father's inheritance. It is [also] said: Rather, it is established by this established Sunnah. It is [also] said: It is established by the indication we have mentioned. It is [also] said: It is established by consensus (ijma'). And it is [also] said: by analogy (qiyas). In summary, this is a ruling upon which there is consensus, and the evidences we have mentioned all support it, so it does not harm us which of them established it. Scholars have unanimously agreed that when daughters of the loin (biological daughters) fulfill the two-thirds, the daughters of the son are excluded, unless there is a male with them, or lower than them, who makes them agnatic heirs (ta'sib). This is because Allah the Almighty did not assign to the children, if they are female, more than two-thirds, whether they be few or many, and these [daughters of the son] have not ceased to be female children. Since the two-thirds have gone to the children of the loin, nothing remains for them, and they cannot share with the daughters of the loin because they are of a lower status than them. If there is with the daughters of the son a son who is of their same degree, such as their brother or their paternal cousin, or lower than them, such as their brother's son, or the son of their paternal cousin, or the son of the son of their paternal cousin, he makes them agnatic heirs in what remains, and the share of the male is made equal to that of two females between them. This is the view of the general body of scholars. It is narrated from Ali, Zayd, and Aisha (may Allah be pleased with them). This was also the view of Malik, al-Thawri, al-Shafi'i (may Allah be pleased with them), Ishaq, and the People of Opinion (Ashab al-Ra'y). It is also the view of all other jurists except for Ibn Mas'ud and those who followed him (6), for he disagreed with the Companions in six issues of inheritance, of which this is one, as he allocated the remainder to the male to the exclusion of

الحواشي

(5) Surah al-Anfal 12. (6) In MS M: "ittaba'ahu" (followed him).

السابقمجلد 9 · صفحة 12التالي
السابق9·12التالي