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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 19١٠٠٢ - مسألة؛ قال: (وليس للأب مع الولد الذكر، أو ولد الابن، إلا السدس، فإن كن بنات كان له ما فضل)

الترجمة · EN

the two conditions are not met, but rather the deceased had offspring, or son's offspring, or two of the brothers and sisters, according to the opinion of the majority of jurists. Ibn Abbas said: None of the brothers and sisters screen the mother from the one-third to the one-sixth except for three. This was also narrated from Mu'adh, because Allah the Almighty said: "If he has brothers, then for his mother is the one-sixth." And the minimum plural is three. It was narrated that Ibn Abbas said to Uthman, may Allah be pleased with him: "Two brothers are not 'brothers' (ikhwah) in the language of your people, so why do you screen the mother with them?" He replied: "I cannot reject something that was before me, that has passed throughout the lands, and that people have inherited by." Our evidence is this statement of Uthman, for it indicates that it was a consensus established before the disagreement of Ibn Abbas. Also, every screening (hajb) connected to a number began with two, such as the screening of daughters by son's daughters, and sisters from both parents by sisters from the father. The term 'brothers' (ikhwah) is used for two; Allah the Almighty said: "But if there are brothers (ikhwah) and sisters, then the male shall have the equivalent of the portion of two females." This ruling is established for one brother and one sister. Among the linguists are those who consider two to be a plural in reality, and among them are those who use it metaphorically and refer it to that meaning due to evidence. There is no difference in her being screened between the male and the female due to His saying: "brothers (ikhwah)." This applies to all, as evidenced by His saying: "If there are brothers (ikhwah) - men and women," where He clarified them as men and women.

The third state: If there is a husband and two parents, or a wife and two parents, the mother receives one-third of the remainder after the fixed share of the spouses. This will be mentioned, if Allah the Almighty wills.

1002 - Issue; he said: (And the father has nothing with the male offspring or son's offspring except the one-sixth; if they are daughters, he has what remains.)

He means, and Allah knows best, that he has what remains after the one-sixth has been assigned to him; thus he has three

الحواشي

(2) Surah al-Nisa 11. (3) Omitted from: M. (4) In M: "is connected to (yata'allaqu)". (5) Surah al-Nisa 176.

السابقمجلد 9 · صفحة 19التالي
السابق9·19التالي