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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 8 · Page 502

Translation · EN

suspected of intending to channel more than his inheritance to him. According to Malik, if it exceeds the dowry of a peer, the excess is rejected. Another narration from Malik is that the khula' of a sick woman is invalid. Al-Shafi'i said: The excess over the dowry of a peer is a concession that is considered from the third. Abu Hanifa said: If he khula' her before consummating the marriage with her, or died after the expiration of her waiting period, the compensation is from the third. An example of this: A woman is khula'-divorced by her husband for thirty, having no wealth other than that, and her dowry of a peer is twelve. He gets fifteen, whether her dowry is small or large, because it is the amount of his inheritance. According to Al-Shafi'i, he gets eighteen: twelve because it is the amount of her dowry, and a third of the remaining wealth as a concession, which is six. If her dowry is six, he gets fourteen because a third of the remainder is eight. A sick man married a woman for one hundred, owning nothing else, and her dowry of a peer is ten, then she fell ill and was khula'-divorced by him for the one hundred, and she has no wealth other than that. She is entitled to her dowry of a peer, and she has a 'thing' as a concession, and the rest is his. Then half of her wealth returned to him as a concession, which is five and half a 'thing'. Thus, ninety-five minus half a 'thing' remained with his heirs, which equals two 'things'. After algebra, the 'thing' results in thirty-eight. So, forty-eight is valid for her through the dowry and the concession, and fifty-two remained with his heirs. Twenty-four returned to them through the khula', so they had seventy-six, and twenty-four remained for the woman. According to Al-Shafi'i, the dowry of a peer and a third of a 'thing' return to them as a concession. Thus, in their hands is one hundred minus two-thirds of a 'thing', which equals two 'things'. The 'thing' is three-eighths of it, which is thirty-seven and a half. This is hers along with the dowry of a peer, and the dowry of a peer and a third of the remainder, twelve and a half, return to him. Thus, seventy-five ends up in the hands of his heirs, which is twice her concession.

Notes

(38) In A: 'she gets'. (39) In A: 'returns'. (40) In A: 'and there remains'. (41) In A: 'the ten'.

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