Section: If a son of a woman who performed li'an dies and leaves behind a daughter, a son's daughter, and his mother's patron, the remainder goes to the mother's patron according to the opinion of the majority. Ibn Mas'ud said: The radd (return) takes precedence over the patron. If a mother is with them, she receives one-sixth, and there are two narrations regarding the remainder: one is that it goes to the patron, which is the opinion of the majority, and the second is that it goes to the mother, which is the opinion of Ibn Mas'ud. If there is no patron with them, the remainder is returned to them in one of the two narrations, and the other is that it goes to the mother. If a brother is with them, he has no share by fixed distribution, but he receives the remainder in one narration, while in the other, it goes to the mother. As for a daughter and a brother, or a brother's son, a maternal uncle, a mother's father, or other agnates, the daughter receives one-half, and the remainder goes to the agnate according to the view of the 'Abadilah (the Ibn 'Abdullahs). If a brother and a sister, or a brother's son and his sister, or a maternal uncle, or a maternal aunt are with her, the remainder goes to the male alone according to their view. Abu Hanifah and his companions said: The estate goes to the daughter by fixed share and return. It was narrated from 'Ali (peace be upon him) that he made the one with a fixed share more entitled than one who has no fixed share, and that he allowed the dhawi al-arham (uterine relatives) to inherit from the son of the woman who performed li'an just as they inherit from others. Ibn al-Labban said: This is not confirmed from 'Ali; rather, what is well-known from him is his statement to the guardians of the stoned woman regarding her son: "This is your son; you shall inherit from him, and he shall not inherit from you, and if he commits a crime, it is against you." The Qadi explained Ahmad's statement, "If there is no mother, then her agnates are his agnates," as meaning that the return is preferred over the mother's agnates, similar to his statement regarding a sister and a brother's son: "The entire estate is for the sister." This is an interpretation of the statement with the opposite of what it implies, and construing the expression in a way that contradicts its apparent meaning. This narration is rather like the school of Ibn Mas'ud and the narration of al-Sha'bi from 'Ali and 'Abd Allah, that both said: "The agnate of the son of the woman who performed li'an is his mother; she inherits his entire estate, and if there is no mother, her agnates are his agnates." Regarding a woman, a grandmother, two sisters, and a brother's son: the woman receives one-fourth, the grandmother one-sixth, the two sisters one-third, and the remainder goes to the brother's son, in both narrations. Abu Hanifah said: The remainder is returned to the two sisters and the grandmother. This is the opinion of the Qadi in the second narration. As for a mother's father, a daughter, a brother's son, and a brother's daughter: the remainder is for the brother's son alone. It is possible that the mother's father receives one-sixth of the remainder of the estate, and five-sixths of it go to the brother's son. Abu Hanifah said: The estate is divided between the mother's mother and the daughter into four parts, by fixed share and return.
Section: If the son of the woman who performed li'an leaves no one with a fixed share, the estate goes to his mother's agnates according to the opinion of the group. This has been narrated from 'Ali. Abu Hanifah and his companions said: It is divided among the uterine relatives (dhawi al-arham) like the inheritance of others, and they narrated this from 'Ali (peace be upon him). This is like the case of a maternal uncle and a maternal aunt, and a brother's son and his sister: the estate goes to the male, and according to Abu Hanifah's view, it is shared equally between them in both issues. As for a maternal aunt through both parents and a maternal uncle through the father, the estate is for the maternal uncle. Abu Hanifah said: It is for the maternal aunt. As for a maternal aunt and a daughter's daughter, the estate is divided between them into four parts. If the son of the woman who performed li'an leaves only a uterine relative, their rule in his inheritance is like their rule in the inheritance of others, according to what has been previously explained.
Section: When the inheritance of the woman who performed li'an is distributed, and then the husband who performed the li'an calls himself a liar, the child is affiliated with him and the distribution is voided. Abu Hanifah said: The lineage is not established after his death, unless they were twins, one of whom died while he called himself a liar and the other remains; then the lineage of both the living and the deceased is established, and the discussion with him regarding this has already passed in another place.
Section: If the one denied by li'an were twins, and they had another brother from the husband whom he did not deny, and one of the twins died, the inheritance of his twin from him is like the inheritance of the other, according to the opinion of the majority. Malik said: His twin inherits from him as a brother through both parents, because he is his brother through both parents, evidenced by the fact that if the husband acknowledged one of them, the other would also be affiliated. This is one of the two views held by the companions of al-Shafi'i (may Allah be pleased with him). Our position is that they are twins, and no father has been established for them to whom they could be attributed, so they are like the twins of a fornicator, and there is no disagreement.
(20) In MS M, there is an addition: "huwa" (it). (21) In MS M, there is an addition: "la" (not). (22) In MS M: "yaqdihi" (it determines it). (23) In MS M: "li-ab" (for a father).
فصل: ابنُ مُلاعِنَةٍ ماتَ، وتَرَكَ بِنْتًا وبنْتَ ابْنٍ ومَوْلَى أُمّهِ، البَاقِى لِمَوْلى الأُمِّ فى قَوْلِ الجمهورِ. وقال ابنُ مَسْعودٍ: الردُّ أَوْلى مِنَ المَوْلى؛ فإنْ كان معهم أُمٌّ فلها السُّدُسُ، وفى البَاقى روايتان؛ إحْداهما: للمَوْلى، وهو قولُ الأَكْثَرينَ. والثانية: لِلأُمِّ، وهو قولُ ابْنِ مَسْعودٍ. فإنْ لم يكُنْ معهم مَوْلى، فالبَاقى مَرْدود عليهم فى إِحْدَى الرِّوايَتَيْنِ، والأُخْرى (٢٠)، للأُمِّ. فإنْ كان معهم أخٌ، فلا شَىْءَ له بِالفَرْض، وله البَاقى فى روايةٍ، والأُخْرَى هو للأمِّ. بِنْتٌ وأَخٌ، أو ابنُ أَخٍ أو خالٌ، أو أَبو أُمٍّ، أو غَيْرُهم من العَصبَاتِ؛ للبِنْتِ النِّصْفُ، والبَاقى للعَصَبَةِ فى قول العبادِلةِ. وإنْ كان معها أخٌ وأخْتٌ، أو ابنُ أخٍ وأخْتُه، أو خَالٌ، أو خالَةٌ، فالبَاقى للذّكَر وَحْدَه فى قولهم. وقال أبو حنيفَةَ، وأصحابُه: المالُ للبِنْتِ بالفَرْض والردِّ. ورُوِىَ عن علىٍّ عليه السلامُ أنَّه جَعَلَ ذا السَّهْمِ أَحَقَّ ممّنْ لا سَهْمَ له، وأنه وَرَّثَ من ابْنِ المُلاعِنَةِ ذَوِي أرْحامِه، كما (٢١) يَرِثُونَ مِنْ غَيْرِه. قال ابنُ اللَّبَّانِ: وليس هذا مَحْفُوظًا عن عليٍّ، إنّما المشْهورُ عنه قولُه لأولياءِ المرْجومَةِ عن ابْنِها: هذا ابْنُكم، تَرِثونَهُ، ولا يَرِثُكم، وإنْ جَنَى جنايةً فعليكم. وفسَّر القاضى قولَ أحمدَ: إنْ لم تكُنْ أمٌّ فَعَصَبَتُها عَصَبَتُه. بتقديم الردِّ على عَصَبَةِ الأم، كقولِه فى أُخْتٍ وابْنِ أَخٍ: المالُ كلُّه لأُخْتِ. وهذا تَفْسيرٌ للكلامِ بضِدِّ ما يَقْتَضِيه (٢٢)، وحَمْلُ اللّفْظِ على خلافِ ظاهرِه، وإنَّما هذه الرّوايةُ، كمَذْهَبِ ابنِ مَسْعودٍ، وروايةُ الشّعْبىِّ عن علىّ، وعبدِ اللَّهِ أنهما قالا: عَصَبَةُ ابْنِ المُلاعِنَةِ أُمُّهُ، تَرِثُ مالَه أجْمَعَ، فإنْ لم تكُنْ أُمٌّ، فعَصبَتُها عَصَبَتُه. امرأةٌ، وجدَّةٌ، وأُخْتانِ وابْنُ أَخٍ، للمرأَةِ الرُّبُعُ، وللجَدّةِ السُّدُسُ، وللأُخْتَيْنِ الثُّلُثُ، والبَاقى لابْنِ الأَخِ، فى الروايتَيْنِ جميعًا. وقال أبو حنيفةَ: البَاقى يُرَدُّ على الأُخْتَينِ والجدّةِ. وهو قولُ القاضى فى الروايةِ الثّانِيةِ. أبو أمٍّ، وبِنْتٌ وابْنُ أَخٍ وبِنْتُ أَخٍ. الباقى لابْنِ الأخِ وَحْدَه. ويَحْتَمِلُ أنْ يكونَ لأبى (٢٣) الأمِّ
(٢٠) فى م زيادة: "هو".(٢١) فى م زيادة: "لا".(٢٢) فى م: "يقضيه".(٢٣) فى م: "لأب".