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المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 92

الترجمة · EN

or a daughter of a brother, or daughters of a brother; the husband receives one-half, and the remainder is divided equally between the daughter of the daughter and those with her. Yahya and Dirar said: The issue is out of four; the husband gets one-quarter, the daughter gets one-half (two shares), and one share remains for those with her. Then the husband is assigned his full half-share, and the other half is divided among them by three: the daughter of the daughter gets two shares, and those with her get one share. If there were a wife instead of a husband, the issue would be assigned out of eight; the woman gets one share, the daughter gets four, and three remain for those who are left. Then the woman is assigned her one-quarter, and the remainder is divided among them by seven, which you multiply by four to reach twenty-eight, from which it is valid: the woman gets one-quarter (seven), the daughter of the daughter gets four-sevenths of the remainder (twelve), and nine remain for those with her. [For the case of] a husband, a daughter of a daughter, a maternal aunt, and a daughter of a paternal uncle: the husband gets one-half, and the remainder is divided among the kindred (dhawi al-arham) by six: the daughter of the daughter gets three, the maternal aunt gets one share, and two shares remain for the daughter of the paternal uncle; it is valid by twelve shares. According to the view of Yahya and Dirar: the issue is assigned out of twelve; the husband gets three, the daughter gets six, the mother gets two shares, and one share remains for the paternal uncle. Then the husband is given one-half, and the shares of the rest are added up, which is nine. The remaining half is divided by nine, but it is not valid, so you multiply it by two to reach eighteen. If there were a woman instead of a husband, then according to the view of the majority: the woman gets one-quarter, and the remainder is divided among the kindred by six. This corresponds to the remainder of the wife's issue in thirds, so return it (3) to two, and multiply it by four, to reach eighteen; the woman gets two shares, the daughter of the daughter gets one-half of the remainder (three), the maternal aunt gets one share, and the daughter of the paternal uncle gets two shares. According to the view of Yahya, you assign it from twenty-four; the kindred receive twenty-one of it. Then you assign the woman one-quarter of four, so she has one share and they have three. Their shares correspond by one-third, so you multiply their third by four to reach twenty-eight, from which it is valid. A woman, three daughters, and three brothers of different categories (4). A woman, a daughter of a daughter, [and three brothers of different categories; a woman, a daughter of a daughter,] (5) and three maternal aunts of different categories, and three paternal aunts of different categories (6).

الحواشي

(3) In the original and in [A]: "fa-yarudduha" (so return it). (4) In [M]: "mutaferriqayn" (of different categories). (5) Omitted from the original. (6) In [M]: "mutaferriqat" (of different categories).

السابقمجلد 9 · صفحة 92التالي
السابق9·92التالي