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المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 211

الترجمة · EN

and two thousand, then the third dies, and leaves a son and twenty thousand, [then the boy dies], leaving four thousand and a free mother. Since the physiognomist (qafa) has joined him to them, he has left fifteen thousand and five hundred, so his mother receives one-sixth of it, and the remainder is divided among his three brothers in thirds. If their death occurs before the proof of his lineage, one-third of his estate is given to the mother, which is one thousand and five hundred; for the lowest state is that he is the son of the one with the one thousand, so he would inherit five hundred from him. Since half of his wealth had been set aside for him from the wealth of each of the claimants, that which was set aside from the wealth of his two parents is returned to the son of the one with the one thousand and the son of the one with the two thousand; for if he is not a brother to them, that belongs to them from the wealth of their parents, and if he is a brother to one of them, he is entitled to that and more by his inheritance from him. Nine thousand and one-third of a thousand is returned to the son of the third, and two-thirds of a thousand remain, held between him and the mother; for it is possible that he is his brother, in which case he would have died leaving fourteen thousand, of which his mother receives one-third, and there remains two thousand and five hundred of the son's wealth, held and claimed in its entirety by the son of the one with the one thousand, while the son of the one with the two thousand claims two thousand and one-third of it, so that is held between them and the mother, and one-sixth of the thousand is between the mother and the son of the one with the one thousand. If two brothers claim a son, and they have a father, then one of them dies and leaves a daughter, then the other dies before the proof of the lineage of the claimed child, five-ninths of the first's wealth is held, of which two-ninths are between the boy and the daughter, and three-ninths are between him and the father, and five-sixths of the second's wealth is held between him and the father. If the father dies after them and leaves a daughter, she receives half of his wealth and half of what he inherited from his daughter, and the remainder is between the boy and the son's daughter; for he is certainly his son's son. Each of them is given the certain portion from what is held, and the remainder is held. You estimate him once as the son of the owner of the daughter, and once as the son of the other, and you consider his wealth from each of them in both cases, then give him the lesser of them. Thus, for the boy in one case, there is all of the held portion from the second's wealth and one-fifth of the held portion from the first's wealth, and in one case all of the held portion from the first's wealth and one-third of the held portion from the second's, so he receives the lesser of the two. For the daughter of the first deceased, there is in one case half of her father's wealth, and in one case one-sixth of her uncle's wealth. For the father's daughter, there is in one case half of the held portion from the second's wealth, and in one case three-tenths of the held portion from the first's wealth, so you give her the lesser of them, and the remainder of the estate remains held among them until they settle upon it. Some people divide it among them according to the claims. Whenever the types of estate differ, and some of it does not become a counter-compensation for the rest, it is evaluated, and one acts regarding its value according to what we have explained in the case of dirhams if they agree to that, or the judge sells it on their behalf so that the entire right becomes of one type, because that contains the benefit for them, and the surplus, regarding which there is doubt, is held among them pending a settlement. If two people claim a boy, and the physiognomist joins him to them, then one of them dies and leaves a thousand, a daughter, and a paternal uncle, then the other dies and leaves two thousand and a son's son, then the boy dies and leaves three thousand and a mother, the daughter receives one-third of her father's estate, and the boy receives two-thirds. The entire estate of the second belongs to him; for he is his son, so he is more entitled than the son's son. Then the boy dies leaving five thousand and two-thirds of a thousand, so his mother receives one-third of that, his sister half of it, and the remainder goes to the son's son; for he is his brother's son, and the paternal uncle receives nothing. If his lineage is not established, the daughter of the first receives one-third of the thousand, and two-thirds of it and the entire estate of the second are held. When the boy dies, his mother receives from his estate one thousand and two-ninths of a thousand; for his lowest state is that he is the son of the first, in which case he would have died leaving three thousand and two-thirds of a thousand. What was held from the wealth of the daughter's father is returned to the daughter and the paternal uncle, and they settle upon it; for it belongs to them, either from their companion or the boy. What was held from the wealth of the second is returned to his son's son; for it belongs to him, either from his grandfather or his uncle. The mother is given from the boy's estate one thousand and two-ninths of a thousand; for that is the least of her wealth, and there remains one thousand and seven-ninths of a thousand, of which the mother claims four-ninths of a thousand—the remainder of one-third of five thousand—and the son's son claims one thousand and one-third, which is the remainder.

الحواشي

(88) Omitted from M. (89) In M: "the Imam". (90) Omitted from M.

السابقمجلد 9 · صفحة 211التالي
السابق9·211التالي