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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 432Section

Translation · EN

son, according to those who recognize the doctrine of return (radd); for she takes the entire estate by entitlement (fard) and return (radd). The position of one who does not recognize the return implies that the legatee should receive a third, while she receives half of the remainder, and the rest goes to the public treasury (bayt al-mal). The position of Malik implies that the legatee should receive half in the event of consent, while she receives half of the remainder, and the rest goes to the public treasury. If he leaves behind two daughters and bequeaths the equivalent of the share of one of them, it is calculated out of three according to us. The position of one who does not recognize the return implies it is out of four, with the public treasury receiving a fourth, and each of them receiving a fourth. The position of Malik implies that a third is for the legatee, the two daughters receive two-thirds of the remainder, and the remainder goes to the public treasury. It is valid out of nine. If he leaves behind a grandmother alone and bequeaths the equivalent of her share, the analogical implication of our position is that the estate is divided between them in two halves. The analogical implication of the position of those who do not recognize the return is that it is out of seven, with each of them receiving a seventh, and the remainder going to the public treasury. The analogical implication of Malik's position is that the legatee receives a sixth, the grandmother receives a sixth of the remainder, and the remainder goes to the public treasury.

Section: If he leaves behind three sons and bequeaths to three people the equivalent of their shares, the estate is divided among them into six if they consent. If they reject, it is out of nine; the legatees receive a third, which is three, and the remainder is divided among the sons into three. If they consent for one and reject for the other two, those whose bequest is rejected are entitled to the two-ninths that they would have had in the event of rejection. Regarding the one for whom it was consented, there are two views: one is that he is entitled to the sixth that he would have had in the event of consent for all. This is the position of Abu Yusuf and Ibn Surayj; he thus takes the sixth and the two-ninths from their common denominator, which is eighteen. Eleven remain to be divided among the three sons, which is not valid, so you multiply their number by eighteen, which becomes fifty-four. The one for whom it was consented receives a sixth, which is nine; each of his two counterparts receives six; and each son receives eleven. The second view is that the one for whom it was consented is grouped with the sons, and the remainder, after the two-ninths, is divided among them. They are four, which is not divisible,

Notes

(2) Omitted from: the original, A. (3) In M: "leaves behind" (khalasa), which is a misprint.

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