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المغني لابن قدامة - ت التركي
مجلد 9 · صفحة 97١٠٣٣ - مسألة؛ قال: (وإذا كان ابن أخت، وبنت أخت أخرى، أعطى ابن الأخت حق أمه النصف، وبنت الأخت الأخرى حق أمها النصف. وإن كان ابن، وبنت أخت، وبنت أخت أخرى؛ فللابن، وبنت الأخت، النصف بينهما نصفين، ولبنت الأخت الأخرى النصف)

الترجمة · EN

It is narrated from Ibn Salim that the distant [relative] is substituted until they are attached to their heir, so the estate is divided between them into four parts: three for the daughter and one share for the son. This is like a daughter, a daughter of a son's daughter's daughter, a daughter of a son's son's daughter, and two daughters of another son's son's daughter; the first has three-quarters of the estate, and the remaining quarter is between the rest in four parts, so you multiply them by the base of the issue, and it becomes sixteen. A son, a daughter of a daughter, and three daughters. A daughter and two sons of a son's daughter: these two receive nothing according to all [authorities] because their mother is excluded by the completion of the two-thirds by the daughters. The half is between the son and his sister in two parts, and the other half is in three parts, and it is sound (tashih) from twelve according to those who equalize, while those who prefer [the male] divide it between them into six parts, which is also the opinion of the people of kinship. A daughter of a daughter's daughter, another daughter of a son's daughter, and a daughter of a son's son's daughter: the estate is for this [latter] one, except according to the opinion of the people of kinship, for it is for the first two. According to the opinion of those who nullify the cause (sabab) and grant inheritance to the distant relative along with the near one, the estate is between the daughter of a son's daughter and the daughter of a son's son's daughter in four parts, and the other is excluded, because this one is the inheritor of the daughter in the first degree. A daughter of a daughter, another daughter of a daughter's daughter, and a daughter of a son's daughter: the estate is between the first and the last according to the practitioners of replacement (munazzilin). The people of kinship said: It is for the first one. Ibn Salim's opinion: It is for the first two, and the third is excluded.

1033 - Issue: He said: "And if there is a sister's son and another sister's daughter, the sister's son is given the right of his mother, which is the half, and the other sister's daughter is given the right of her mother, which is the half. And if there is a son, a sister's daughter, and another sister's daughter, then the son and the sister's daughter have the half between them in two halves, and the other sister's daughter has the half."

As for the first issue, there is no disagreement regarding it among the practitioners of replacement; because each of them has the inheritance of the one through whom they derive their relation. This is also the opinion of Muhammad ibn al-Hasan. Abu Yusuf said: They are considered by themselves, so it is

الحواشي

(11) Omitted from: the original [manuscript], A. (12) Omitted from: M.

السابقمجلد 9 · صفحة 97التالي
السابق9·97التالي