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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 44فصل

الترجمة · EN

the smaller number repeatedly, it will eventually equal the larger number. Whenever you divide the larger by the smaller, it divides perfectly. Whenever you relate the smaller to the larger, it relates to it by a single part, and this is only possible in the case of a half or less.

Section: On the issues of inheritance successions (munasakhat). Its meaning is that one of the heirs of a deceased person dies before the distribution of the first estate. When this occurs, you examine the situation: if the heirs of the first deceased inherit from the second in the same manner as they inherited from the first—such as if they are all agnates (asaba) to both—this may also occur with those entitled to fixed shares in minor issues. For example, a man dies leaving a wife, three sons, and a daughter, then one of the sons dies before the estate is divided. The wife has from the first issue a share equivalent to the daughter's share and half the son's share, and it is the same for her from the second. When this is the case, divide the issue among the heirs of the second deceased, and do not look at the first. If a man left five sons and five daughters, and then a son died, then a daughter, then a son, then a daughter, then a son, then a daughter, you distribute the inheritance among the remaining two sons and two daughters, with the male receiving the portion of two females, and the rest of the issues are not considered. If there is with them someone who inherits from the first but not from what remains—as if there were with them a wife of the deceased who is not their mother—you set aside her eighth share, and distribute the remainder according to what we have mentioned. If she were their mother but she died before them, or after some of them, and left no heirs other than them, you distribute the entire inheritance among the survivors, with the male receiving the portion of two females, and her inheritance is not considered because it has already passed to them. If they are not like this, then you distribute the issue of the first deceased, and then look at what portion the second deceased received from it. If it is divisible by his [the second deceased's] issue, then both issues are valid from what the first was valid from.

الحواشي

(10) Omitted from A. (11) Omitted from the original. (12) In B and M: "the first". (13) In M: "you set aside". (14) In A: "the first". (15) In A: "by it". In M: "in it".

السابقمجلد 9 · صفحة 44التالي
السابق9·44التالي