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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 33فصل

الترجمة · EN

through both parents and a brother and sisters through the father, the sisters according to him receive the more harmful of the two. The sixth: he used to exclude spouses and the mother by means of non-believers, slaves, and killers, and would not allow them to inherit.

Section: A son of a paternal cousin who is a brother through the mother, and a son of another paternal cousin; for the brother is the sixth, and the remainder is between them. According to Ibn Mas'ud, the whole goes to the brother, and the other is excluded. If one of them is the son of a brother through the mother, he has nothing by the kinship of brotherhood, because the son of a brother through the mother is from the Dhawi al-Arham (maternal relatives). If they were two paternal cousins, one of them a maternal uncle, he is not given superiority due to his maternal unclehood. It has been said that according to the analogy of Ibn Mas'ud's position, there are two views: the first is that he is not given superiority by it. The second is that he is given superiority by it over the paternal cousin who is from the father, so he takes the wealth; because he is the son of the grandfather and grandmother, while the other is the son of the grandfather only. If the other paternal cousin is from both parents, then the wealth is between them; because each of them descends through a grandmother, and they are both sons of the grandfather. Such is the opinion regarding two paternal cousins, one of whom is a maternal uncle, or two sons of two paternal cousins, one of whom is a maternal uncle. As for the opinion of the general body of the Companions, there is no effect for this according to them.

Section: Two paternal cousins, one of whom is a husband. The husband receives the half, and the remainder is divided equally between them according to everyone. If the other is a brother through the mother, the husband receives the half, the brother receives the sixth, and the remainder is between them. Its base is from six: for the husband is four, and [for the brother through the mother] is two, and it reduces by reduction (ikhtisar) to three. According to Ibn Mas'ud, the remainder is for the brother, so it is from two, with one share for each of them. Three paternal cousins, one of whom is a husband, and the other a brother through the mother; the husband receives the half, the brother receives the sixth, and the remainder is between them in three parts. Its base is from six; the three is multiplied into it, becoming eighteen. The husband has the half, nine, and the brother has three; six shares remain, to be divided by three, so the husband obtains eleven, which is a half and a ninth; the brother has five, which is a sixth and a ninth; and the third has the ninth, two shares. If the husband is a paternal cousin from both parents, then the entire remainder is his. And if he and the third

الحواشي

(16) In the manuscripts: "wa-lil-umm" (and for the mother). (17) Meaning: if you multiply it, it becomes. (18) In Al-Asl, M: "baynahum" (between them).

السابقمجلد 9 · صفحة 33التالي
السابق9·33التالي