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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 322Section

Translation · EN

the other view? It is possible that it is established because he was acknowledged by all the heirs at the time of the acknowledgement, and no one denied him, so it is similar to if he had been alone. It is also possible that it is not established, because one of them is an heir who did not acknowledge his companion, so not all the heirs gathered on the acknowledgement of him. The acknowledger shall hand over to each one of them a third of the inheritance, whether we say that the lineage is established or we do not say so, because he is an acknowledger of it for them (31).

Section: If he leaves behind a wife and a brother, and the wife acknowledges a son for the deceased, but the brother denies it, the lineage is not established, and she shall hand over to him the eighth of the inheritance, which is the surplus that is in the wife's possession over her inheritance. If the brother alone acknowledges him, his lineage is not established, and he shall hand over to him everything in his possession, which is three-quarters of the estate. If he leaves behind two, and one of them acknowledges a wife for his father, while the other denies it, the spousal status is not established, and he shall hand over to her the eighth of half the inheritance. The companions of al-Shafi'i have a view in this matter like our view, because the spousal status ceased upon death, and what is being acknowledged is her right to the inheritance. They have another view: she has nothing. If there is another wife for the deceased, the one acknowledged by her has nothing, because the surplus she is entitled to is in the possession of someone other than the acknowledger. The same applies to anything similar to this, such as if he leaves behind a brother from the father and a brother from the mother, and the brother from the mother acknowledges a brother for the deceased; there is nothing for the one acknowledged, whether he acknowledges a brother from both parents, from the father, or from the mother, because his inheritance is in the possession of someone other than the acknowledger. If he acknowledges two brothers from the mother, he shall hand over to them a third of what is in his possession, because he acknowledges that they are partners in the third, for each one of them a ninth, while he has a sixth in his possession, which is a ninth and half a ninth, so there remains in his possession half a ninth, which is a third of what is in his possession.

Section: If two just men from the heirs testify to the lineage of a participant with them in the inheritance, his lineage is established if they are not suspected. The same applies if they testify to the deceased's acknowledgement of him. If they are suspected, such as two brothers from the mother who testify for a brother from both parents in a case involving a husband and two sisters from both parents, their testimony is not accepted, because the establishment of his lineage would eliminate the 'awl (increase in the divisor), so the third would increase for them. The same applies if they testify

Notes

(31) Omitted from M.

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