ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 503Section

Translation · EN

and others, and the preemptor possesses the right to void it, just as is the case here. Once this is established, if the third arrives and finds one of his two partners absent, he takes from the present one a third of what is in his hand, because that is the amount he is entitled to. Then, if the judge rules in his favor against the absent one, he takes a third of what is in his hand as well, and if he does not rule in his favor, he waits for the absent one until he arrives, because it is a case of an excuse.

Section: If the first one takes the entire share via preemption, and the second arrives and says: "I will not take half of it from you, rather I will limit myself to the amount of my share, which is one-third," he may do so; because he has limited himself to a portion of his right, and there is no division of the transaction against the purchaser, so it is permissible, like leaving the whole. When the third arrives, he has the right to take from the second one-third of what is in his hand, add it to what is in the hand of the first, and they divide it into two halves. Thus, the division of the share is valid out of eighteen parts; because the third took his right from the second, which is one-third of a third, its divisor is nine. He added it to the two-thirds, which is six, resulting in nine. Then they divided the nine into two halves, which is not divisible, so you multiply two by nine, making eighteen; the second has four parts, and each of his two partners has seven. This is only the case because the second left a sixth that he was entitled to take, and his right from it is two-thirds, which is the seven; this was concentrated in favor of his two partners in the preemption. Therefore, the first and the third may say: "We are equal in entitlement, and neither of us left anything of his right, so we shall combine what we have and divide it," and it will be as we have described. If the second says: "I will take one-fourth," he may do so, for the reason we mentioned in the previous case. When the third arrives, he takes from him half of a sixth, which is one-third of what is in his hand, and adds it to the three-fourths, which is nine, making the total ten.

Notes

(8) In the original manuscript: "for the transaction". (9) Omitted from: the original manuscript. (10) In the original manuscript: "we add it". (11) In [B] and [M]: "seven" is an error. (12) In [B] and [M]: "the seven". (13) In [B] and [M]: "the nine". (14) In [B] and [M]: "his partner".

PreviousVolume 7 · Page 503Next
Previous7·503Next