ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 18فصل

الترجمة · EN

the remainder is for the son of the brother; because the son of the son, even if lower in rank, is a son, whereas the son of the brother is not a brother.

Section: Four categories of males make their sisters agnatic heirs (ta'sib), thereby preventing them from their fixed share (fard), and they share what they inherit, with the male receiving the equivalent of the portion of two females. They are the son, the son of the son however low he descends, the brother from both parents, and the brother from the father. As for the rest of the agnatic heirs (asabat), the males inherit exclusively without the females, and they are the sons of the brother, the paternal uncles, and their sons. This is due to the saying of Allah the Almighty: "Allah instructs you concerning your children: for the male, what is equal to the share of two females." This verse covers children and the children of the son. Allah the Almighty also said: "But if there are brothers and sisters, then the male shall have the equivalent of the portion of two females." This covers the offspring of both parents and the offspring of the father. They are treated as participants because men and women are all heirs; if a fixed share were prescribed for the women, it would lead to favoring the female over the male, or equating her with him, or excluding him entirely; thus, division by portion (muqasamah) is more just and appropriate. Regarding the other agnatic heirs, their sisters are not among the inheritors, for they do not have a fixed share, nor do they inherit as sole heirs, so they do not inherit anything alongside their brothers. There is no disagreement regarding this, by the praise of Allah and His grace.

1001 - Issue; he said: (And for the mother is the one-third, if there is not except one brother or one sister, and he does not have offspring or son's offspring. If he has offspring, or two brothers, or two sisters, then she has only the one-sixth.)

The sum of this is that the mother has three states. A state in which she inherits the one-third under two conditions: first, the absence of offspring and son's offspring, both male and female. Second, the absence of two or more brothers or sisters, from any side, whether they be male and female, or only males, or only females. In this state, she has the one-third, without any disagreement known to us among the scholars. The second state is that she has the one-sixth if...

الحواشي

(11) Surah al-Nisa 11. (12) In M: "the agnatic heirs (al-'asabat)". (1) Omitted from: M.

السابقمجلد 9 · صفحة 18التالي
السابق9·18التالي