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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 451Section

Translation · EN

We are slave girls from the Banu al-Najjar... How wonderful is Muhammad as a neighbor (13).

It is said: "A woman from the Banu Hashim," yet the children of daughters are not included among them because they do not trace their lineage back to the tribe.

Section: If he bequeaths to his sisters, it is for the females exclusively. If he bequeaths to his brothers, both males and females are included therein, because Allah the Almighty said: {If there are brothers and sisters} (14), and He said: {If he has brothers, then his mother has the sixth} (15). The scholars have reached a consensus on her being excluded (from the full share) by both brothers and sisters. If he says: "To my paternal uncles ('umumah)," the apparent meaning is that it is like the brothers, including both male and female, because they are the brothers of his father. If he says: "To the children of my brothers" or "to the children of my paternal uncle," it is for the males to the exclusion of the females, if they are not a tribe. The distinction between them is that "brothers" and "paternal uncles" do not have a word designated to include both male and female other than these words, whereas "children of brothers" and "children of paternal uncles" have a word that includes all of them, which is the word "children" (awlad). Therefore, if he turns away from the general word to the word "children" (banin), it indicates the intent of the males. Furthermore, the word for "paternal uncles" is more similar to the word for "brothers," while the word for "children of brothers" and "children of paternal uncles" resembles the "children of so-and-so," and we have already provided the evidence for both. The ruling regarding the coverage of the term for distant paternal uncles and children of paternal uncles and brothers is the same as the ruling we mentioned regarding the child of the child, both with and without the contextual indicator (qarina).

Section: The plural expressions are of four types: The first is that which includes both male and female by its very designation, such as "children" (awlad), "offspring" (dhurriyah), "the worlds" (al-'alamin), and their like. The second is a term designated for males, which includes females when they are gathered together, such as the term for "the Muslims" (al-muslimin) (16), "the believers" (al-mu'minin), "the devout" (al-qanitin), "the patient" (al-sabirin), "the truthful" (al-sadiqin), "the protected subjects" (al-dhimmiyin), "the polytheists" (al-mushrikin), "the defiantly disobedient" (al-fasiqin), and their like, as well as the pronoun of the masculine gender,

Notes

(13) See: Subul al-Huda wa al-Rashad 3/390. (14) Surah Al-Nisa, 176. (15) Surah Al-Nisa, 11. (16) In A: "kal-muslimin" (like the Muslims).

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