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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 132Section

Translation · EN

as free, then it is from six. If we estimate the son alone as free, it is from one share, and the same for the father. If we estimate the mother alone as free, or we estimate her along with the father's freedom, it is from three. If we estimate the son with the father, or with the mother, it is from six. If we estimate them as enslaved, the wealth goes to the agnate. All the problems fall within six, so you multiply them by the circumstances, which are eight, to become forty-eight: the son has the wealth in one circumstance (six), two-thirds of it in one circumstance (four), and five-sixths in two circumstances (ten), totaling twenty shares out of forty-eight. The father has the wealth in one circumstance (six), two-thirds of it in one circumstance, and two-sixths in two circumstances, totaling twelve. The mother has one-third in two circumstances and one-sixth in two circumstances, totaling six, which is one-eighth. If one-third of each of them is free, you add half of it to the six, making it nine, and you multiply it by the eight, to become seventy-two. The son has twenty out of seventy-two, which is one-sixth and one-ninth; the father has twelve, which is one-sixth; and the mother has six, which is half of a sixth; their shares do not change, they are merely attributed to seventy-two. If one-quarter of each of them is free, you add its equivalent to the six. It was said regarding the case where half of each of them is free: the mother has one-eighth, the father has one-quarter, and the son has one-half. For a son half of whom is free and a free mother: the mother has one-quarter, and the son has one-half. It was said: he has three-eighths, which is half of what remains. If instead of the mother there is a free sister, she has one-half. It was said: she has half of the remainder because the son excludes her by his half from half of her mandatory share; if half of her is free, she has one-eighth according to this statement, and according to the first, she has one-quarter. If there is with the son a uterine sister or a uterine brother, each of them has half of a sixth. If there is with him a free agnate, he has the entire remainder.

Section: For a son half of whom is free and a free son of a son, the wealth is between them in the opinion of everyone except al-Thawri. He said: the son of the son has one-quarter because he is excluded by the son's half from the quarter. If half of the second is free, he has the quarter. If there is with them a son of a son of a son half of whom is free, he has the eighth. It was said: the higher one has the half, and the second has the half, because there is in both of them the freedom of a son. This is the opinion of Abu Bakr. Sufyan said: there is nothing for the second and the third because what is in them of freedom is excluded by the freedom of the son. If there is with them a brother...

Notes

(14) In manuscript M: "and two-thirds."

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