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 9 · Page 129

Translation · EN

For each of them would have one half. If they were both slaves, they would have nothing. If the eldest were alone free, he would have the wealth, and the youngest would have nothing. If the youngest were alone free, he would have it likewise. And for each of them in the four circumstances (3), there is [a share of] wealth and a half; thus he is given a quarter of that, which is three-eighths. If there is another son with them, one-third of whom is free, then according to the first view, the wealth is divided among them into eight, just as the problem of al-mubahala is divided. According to the second, the half is divided among them into eight. There is another view regarding it: the one-third is divided among them in thirds, then the one-sixth is divided between the two possessors of the halves into two halves. According to the setting forth of circumstances (tanzil al-ahwal), it is possible that each one whose half is free has one-sixth of the wealth and one-eighth of it, and the one whose one-third is free has two-thirds of that, which is one-ninth of the wealth and one-half of its sixth; because each one has the wealth in one circumstance, half of it in two circumstances, and one-third of it in one circumstance, so he has two wealths and one-third, in eight circumstances. So we give him an eighth of that, which is one-sixth and one-eighth. And the one whose one-third is free is given two-thirds of it, which is one-ninth and half a sixth. A free son and a son, half of whom is free: the wealth is between them in thirds, according to the first view. According to the second, the half is between them in two halves, and the remainder is for the free one, so the free one has three-quarters, and the other has a quarter. If you were to set forth their circumstances, it would lead to this; because the free one has the wealth in one circumstance and half of it in one circumstance, so he has half of them, which is three-quarters, and the other has half of it in one circumstance, so he has half of that, which is a quarter. If you addressed them, you would say to the free one: "You have the wealth if your brother were a slave, and half of it if he were free; he has excluded you with his freedom from half, so half of it excludes you from a quarter, leaving you three-quarters." It is said to the other: "You have the half if you were free; so since your half is free, you have half of it, which is a quarter." A son, two-thirds of whom is free, and a son, one-third of whom is free: according to the first, the wealth is between them in thirds. According to the second, the one-third is between them, and the other has one-third, so he has the half, and the other has one-sixth. It is said: the two-thirds are between them in thirds. By way of address (al-khitab), you say to the one whose two-thirds are free: "If you were free alone, the wealth would be yours, and if you were both free, you would have the half; he has excluded you with his freedom from half, so with two-thirds of it, he excludes you from one-sixth, leaving you

Notes

(3) Corrected to: "al-ahwal".

PreviousVolume 9 · Page 129Next
Previous9·129Next