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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 170فصل

الترجمة · EN

the eldest [does not inherit] anything, because she does not inherit by sisterhood due to its weakness, nor by grandparenthood because she is excluded by motherhood. If the youngest dies after the middle one, she has left behind a grandmother who is a paternal sister, so she has the third by both kinship relations. Whoever makes them inherit by only one of them, she has the sixth according to some. According to Ibn Surayj and those who agreed with him, she has the half, and this is the choice of al-Khabari. A Magian married his mother and she bore him a daughter, then he married his daughter and she bore him a son, then the son married his grandmother and she bore him a daughter, then the Magian died, then his mother died. She has left behind a daughter who is a granddaughter [by a son], and another daughter who is a great-granddaughter [by a son of a son], and she left behind a grandson who is her husband. Her daughter has two-thirds, and the remainder is divided between the eldest and her son into three parts, and it is valid from nine: the eldest has four, the youngest has three, and the male has two shares. According to the other opinion, the remainder is for the male alone. If her daughter dies after him, the eldest is her grandmother—his mother's mother—and she is her sister from her mother, so she has two-sixths by both kinship relations, and in the second [opinion], she has one-sixth by one of them.

Section: If a Muslim has intercourse with some of his mahram (unmarriageable) relatives due to a misconception, or he buys her while not knowing her identity and has intercourse with her, and she bears him a child, and such lineages are established, the ruling regarding them is exactly the same as this.

1048- Issue: He said: "And if two people who inherit from each other drown, or die under debris, and it is unknown which of them died first, they are made to inherit from one another."

The summary of this is that when two people who inherit from each other die, and it is unknown which of them died first, Ahmad said: I follow the opinion of Umar, Ali, Shurayh, Ibrahim, and al-Sha'bi: they inherit from one another. He means from their old wealth, not their newly acquired wealth, which is what they inherited from a deceased person along with them. This is the opinion of those whom Imam Ahmad mentioned.

الحواشي

(21) In manuscript A: "hadha" (this). (22) In manuscript A: "al-asbab" (the causes). In manuscript M: "li-insan" (for a person).

السابقمجلد 9 · صفحة 170التالي
السابق9·170التالي