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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 173

الترجمة · EN

certainty, and the disputed portion is withheld until the matter is clarified or they reach a settlement. Al-Tabari said: This is the ruling if the death of one of them is known to be before the other, and he did not mention any disagreement regarding it.

Among the issues of this is: two brothers who drowned, one of them being a mawla (freedman) of Zayd and the other a mawla of 'Amr. Whoever makes each one of them inherit from his companion gives the inheritance of each one of them to the mawla of his brother, and whoever does not make one of them inherit from his companion gives the inheritance of each of them to his own mawla, and whoever follows the [view of] withholding (waqf) withholds their wealth. If each of the two mawlas claims that his mawla died after the other, each of them swears to invalidate the claim of his companion and takes the wealth of his mawla according to the issue of al-Khiraqi. If they both had a sister, she receives two-thirds of the wealth of each of them according to the first opinion, and one-half according to the second opinion (10). If each of them left behind a daughter and a wife, then he who does not make some of them inherit from others validates it from eight: his wife receives one-eighth, his daughter receives one-half, and the remainder goes to his mawla. And he who makes them inherit gives the remainder to his brother, then divides it among the heirs of his brother into eight, then multiplies it by the first eight, so it becomes valid from sixty-four (11): his wife receives eight, his daughter thirty-two, the wife of his brother receives one-eighth of the remainder which is three, and his daughter twelve, and his mawla receives the remaining nine. A brother and a sister drowned, and they have a mother, a paternal uncle, and two spouses. He who makes each one inherit from his companion assigns the inheritance of the brother between his wife, mother, and sister into thirteen; whatever the sister receives from it is between her husband, mother, and uncle into six, so both matters are valid from thirteen: the brother's wife receives three, the sister's husband receives three, the mother receives four from her inheritance from the brother, and two from her inheritance from the sister, the uncle receives one share, and the sister's inheritance is divided between her husband, mother, and brother into six; for her brother is one share between his mother, wife, and uncle into twelve, you multiply it by the first, it becomes seventy-two, and the harm in this opinion is to those who inherit from one of the two deceased

الحواشي

(10) Omitted from: the original manuscript, A. (11) Omitted from: M.

السابقمجلد 9 · صفحة 173التالي
السابق9·173التالي