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المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 169

الترجمة · EN

from the sixth, and the sister has the half. According to the other opinion, she has the third by motherhood, and nothing by sisterhood, and she is not excluded by it, and the sister has the half, so the ruling is equal in both opinions, even if their methods differ. According to what Sahnun reported, she has the sixth and is excluded by herself and her sister. If the Magian had a son and a daughter by her, then he died, and the youngest died after him, she has left behind a mother who is a paternal sister, and a maternal and paternal half-brother; her mother has the sixth, and the remainder is for the brother, and the mother has nothing by sisterhood; because the full brother excludes her. According to the other opinion, the mother has the full third. If the Magian married his mother and she bore him a daughter, then he died (17), his mother has the sixth, and his daughter has the half, and his mother does not inherit anything by marriage (18), nor does his daughter inherit anything by being a maternal half-sister. If the eldest died after him, she has left behind a daughter who is a granddaughter, so she has two-thirds by both kinship relations. According to the other opinion, she has the half. If the youngest died after him, she has left behind a mother who is a paternal grandmother, so she has the third by motherhood only, according to both opinions collectively. If he married his daughter and she bore him a daughter (19), then he married the youngest and she bore him a daughter, then he died, and the eldest died after him, she has left behind her two paternal sisters; one of them is her daughter (20), and the other is her granddaughter, so her daughter has the half, and the remainder is between them. According to the other opinion, her daughter has the half, and the remainder is for the youngest. If the middle one died after him, she has left behind her two sisters; one of them is her mother, and the other is her daughter; so her mother has the sixth, and her daughter has the half, and the remainder is between them. According to the other opinion, the remainder is for the agnatic heirs ('asaba). If the youngest died after him, she has left behind her two sisters; one of them is her mother, and the other is her grandmother; so her mother has the sixth, and the remainder is between them, and the mother has been excluded by herself and her mother from the sixth. According to the other opinion, whoever considers sisterhood stronger, the eldest has the half, the middle has the third, and the remainder is for the agnatic heirs. And whoever considers grandparenthood stronger, does not make [the eldest] inherit

Section: If a Muslim has intercourse with some of his prohibited relatives by mistake, or purchases her while not knowing her and has intercourse with her, and she bears him a child, and such lineages (21) occur (22), the ruling in that is exactly the same as this.

1048- Issue; he said: (And when two inheritors drown, or die under a collapsed building, and the first of them to die is unknown, they inherit from one another.)

And the summary of that is that if two inheritors die, and the first of them to die is unknown, then Ahmad said: I follow the statement of Umar, Ali, Shurayh, Ibrahim, and al-Sha'bi: they inherit from one another. Meaning from their old wealth, not their new wealth, which is what they inherited from a deceased person with them. And this is the statement of the one Imam Ahmad mentioned,

الحواشي

(17) In manuscript M: "mat" (died). (18) Omitted from A. (19) In manuscript M: "ibnat" (daughter). (20) In manuscript M, there is an addition: "wa-bint abiha" (and her father's daughter).

السابقمجلد 9 · صفحة 169التالي
السابق9·169التالي