the father; the problem (mas'alah) is from eight; the husband receives three, the mother one share, and four are set aside. Abu Yusuf said: It is from eight; three are given to the husband, two to the mother, and three are set aside, and a guarantor is taken for them, as narrated by al-Khabri from him. If there is someone in the problem who is excluded by the child of the parents, such as a residuary (asaba) or any of the siblings of the father, he is given nothing. If there were a grandfather in this problem, the husband would have one-third, the mother one-sixth, the grandfather one-sixth, and the remainder is set aside. Abu Hanifa said: The husband has one-half, the mother one-sixth, the grandfather one-sixth, and one-sixth is set aside between the grandfather and the mother; the fetus gets nothing because the grandfather excludes it. Abu Yusuf makes it out of twenty-seven and sets aside four shares. It was narrated from Sharik that he used to adopt the opinion of Ali regarding the grandfather, so he sets aside the share of females here; thus, according to him, it is from nine, and four are set aside from it. If there were no husband in it, the mother would have one-sixth and the grandfather one-third of the remainder, and you set aside ten out of eighteen. According to Abu Hanifa, the grandfather has two-thirds, the mother one-sixth, and one-sixth is set aside between them. Abu Yusuf’s opinion is to set aside one-third, give each of them one-third, and take a guarantor from them. Whenever someone leaves behind heirs and a mother who is under a husband, it is appropriate for the husband to refrain from having intercourse with her so that it may be known whether she is pregnant or not. Such is narrated from Ali, Umar ibn Abd al-Aziz, al-Sha’bi, al-Nakha’i, Qatada, and others. If he has intercourse with her before her period of absolution (istibra') and she gives birth to a child in less than six months, the child inherits, because we know she was pregnant with it. If she gives birth to it after that, it does not inherit unless the heirs acknowledge that she was pregnant with it on the day of its father's death.
Section: The fetus does not inherit except under two conditions. One of them is that it is known that it was present at the time of
(9) In A: "and he sets aside". (10) In the original and A: "two shares". (11) In the original and A: "and he sets aside". (12) The waw was omitted from A. (13) In M there is an addition: "not".
