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حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 59فصل

الترجمة · EN

excludes all grandmothers. As for us, she is a close grandmother, so she excludes the distant one, like the one from the mother's side. Furthermore, grandmothers are mothers who inherit a single inheritance from one side; thus, when they congregate, [the inheritance is for the closest of them], similar to fathers, sons, brothers, and daughters. Every group, when they gather, the inheritance goes to the closest among them. As for their statement that the father does not exclude her, we say: because they do not inherit his inheritance; they only inherit the inheritance of the mothers, by virtue of being mothers, which is why the mother excludes them. And Allah knows best.

Issues: Among them are a mother's mother and a mother's father's mother; the wealth is for the first, except in the opinion of Ibn Mas‘ud, who says it is shared between them. A father's mother and a mother's mother's mother; the wealth is for the first according to al-Khiraqi. In the other report, it is shared between them. A father's mother, a mother's mother, and a grandfather's mother; the wealth is for the first two according to everyone, except in the opinion of Sharik and those who agree with him, who say it is shared among them. A father's mother, a mother's mother, a mother's mother's mother, and a father's father's mother; it is for the first two according to everyone.

Section: If a grandmother with two ties of kinship meets with another, the analogy of Abu ‘Abd Allah’s opinion is that the sixth is divided between them in thirds: two-thirds for the one with two ties, and one-third for the other. This was also stated by Abu al-Hasan al-Tamimi and Abu ‘Abd Allah al-Wanni, and perhaps they took this from his statement regarding the inheritance of the Magians by all their ties of kinship. This is the opinion of Yahya ibn Adam, al-Hasan ibn Salih, Muhammad ibn al-Hasan, al-Hasan ibn Ziyad, Zufar, and Sharik. Al-Thawri, al-Shafi‘i, and Abu Yusuf said: The sixth is divided between them in halves. This is also the analogy of Malik's opinion, because if two ties of kinship are from the same side, she does not inherit by both of them combined, just like a brother through both father and mother. As for us, she is a person with two ties who would inherit by each one individually if she were alone, and she is not prioritized over anyone else [by that single tie]; therefore, it is mandatory that she inherits by each one of them, like a paternal cousin if he were also a brother or a husband. It differs from the brother through both parents, for he is prioritized by his two ties over the brother through the father only. One should not combine the prioritization by the additional kinship and the inheritance by it; so if one of them is found, the other is negated.

الحواشي

(4) In M: "bil-mirathi li-aqrabihinna" (with the inheritance to the closest of them). A mistake. (5) In M: "al-‘Arabi". It appears on page 188. (6) In A, M: "minha" (from it).

السابقمجلد 9 · صفحة 59التالي
السابق9·59التالي