ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 242فصل

الترجمة · EN

their father, then the father dies, his wealth is divided between them in thirds. Then, when the slave dies, his inheritance goes to the son to the exclusion of his sister, because he is the son of the emancipator and inherits by lineage, whereas she is the mawlah of the emancipator, and the son of (15) the emancipator is given precedence (16) over his mawla. If her brother dies before his father and leaves behind a daughter, his wealth is divided between his daughter and his father (17) into two halves. Then, if the father dies, he has left behind his daughter and his son's daughter. His daughter is the mawlah of half of him, so his daughter receives half, and his son's daughter receives the sixth. One third remains for his daughter, half of which is the sixth, because she is the mawlah of half of him. The sixth remains for the mawali of the brother, if he were the son of his emancipator, who are his sister and the mawali (18) of his mother. So, his sister receives half of the sixth, and the remaining half is for the mawla of his mother; thus, his brother acquires the half and the quarter [and his daughter the sixth] (19). If he were not the son of his emancipator, but rather his mother were of free origin, then there is no wala' upon him, and his sister takes all the remainder by way of radd (return), if the father did not leave behind an 'asaba. If the father left behind an 'asaba from his lineage, such as a brother, a paternal uncle, a paternal cousin, or a paternal grandfather's brother, then his daughter receives the half, [and his son's daughter the sixth] (20), and the remainder is for his 'asaba. If a man and his sister buy their brother, then their brother buys a slave and emancipates him, then their brother dies, his wealth is divided between them in thirds. Then, when his freed slave dies, his inheritance belongs to his brother to the exclusion of his sister. If the emancipating brother dies before the death of the slave and leaves behind his son, then the slave dies, his inheritance belongs to her brother's son to the exclusion of her, because he is the son of the emancipator's brother. If the brother leaves behind nothing but his daughter, half of the slave's wealth belongs to the sister, because she is the emancipator of half of his emancipator, and nothing belongs to the brother's daughter, in a single narration, and the remainder belongs to the public treasury.

Section: If the deceased leaves behind the daughter of his mawla and the mawla of his father, his wealth belongs to the public treasury; because if it is established

الحواشي

(15) In M: "wa-li-anna" (and because). (16) In M: "yuqaddam" (is given precedence). (17) In the manuscripts: "wa-ibnihi" (and his son). (18) In the original and A: "wa-mawla" (and the mawla of). (19) In M: "wa-al-sudus" (and the sixth). (20) Omitted from: M.

السابقمجلد 9 · صفحة 242التالي
السابق9·242التالي