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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 146

الترجمة · EN

a third, which he returns to the acknowledged person. If the daughter alone acknowledges her, she has a quarter in her hand, and she claims that she has a sixth, so half of a sixth remains in her hand, which she pays to the acknowledged person. This is the statement of Ibn Abi Layla. Abu Hanifa said: If the brother acknowledges, he pays him half of what is in his hand, and if the daughter acknowledges, she pays him five-sevenths of what is in her hand; because she claims that he has a quarter and a sixth, which is five out of twelve, and she has the sixth, which is two shares, so the total becomes seven; she has two shares of it, and he has five. Two daughters and a paternal uncle; one of them died, leaving a son and a daughter. The daughter acknowledges a maternal aunt; the base of the inheritance in the case of denial is nine, and the base of the inheritance in the case of acknowledgement is twenty-seven. She has two shares of it, and she has three in her hand, so she pays her one share. If the son acknowledges her, he pays her two shares. If the remaining daughter acknowledges her, she pays her one-ninth. If the uncle acknowledges her, he pays her nothing. If the son acknowledges a maternal uncle of his, the case of acknowledgement is from twelve; he has two shares from it, which is the sixth, and half of a ninth remains in his hand. If his sister acknowledges him, she pays him a quarter of a ninth. If the remaining daughter acknowledges him, she has the quarter, and there is a third in her hand, so she pays him half of a sixth. If the uncle acknowledges him, he pays him everything in his hand. Two sons, one of whom dies leaving a daughter, then the remaining one of them acknowledges a mother to his father; the base of the inheritance in the case of denial is four, and the acknowledger has three-quarters of it. The base of the inheritance in the case of acknowledgement is seventy-two; the acknowledger has forty of it, and fourteen shares remain in his hand, which he pays to the woman for whom he acknowledged. It returns by reduction to thirty-six; the acknowledger has twenty of it, the daughter has nine, and the acknowledged woman has seven. The school of Abu Hanifa operates similarly, except that he adds the mother's shares, which are seventeen, to the acknowledger's shares, which are forty, so you divide the three-quarters of the estate by them, and whatever each one receives belongs to him. You multiply fifty-seven by four, resulting in two hundred and twenty-eight. The daughter has a share in fifty-seven, the acknowledger has forty in three, resulting in one hundred and twenty, and the mother has seventeen in three, which is fifty-one.

الحواشي

(31) In M: "from them". (32) In A, M: "and they have". (33) In M: "and if".

السابقمجلد 9 · صفحة 146التالي
السابق9·146التالي