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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 140

Translation · EN

It has one share from the problem of denial, in the problem of acknowledgment it is six, and it has five in acknowledgment; one share remains in her hand, so it belongs to the brother from whichever side he may be. If the sister from the father acknowledges a brother to her, it is valid out of ninety; she has ten, and eight remain for her brother. If she acknowledges a brother from both parents, she pays him everything in her hand. If she acknowledges a uterine brother, or a mother to the deceased, or a grandmother, or an 'asaba (residuary), he gets one-sixth of what is in her hand. If he left four sisters from a father, and an uncle, and the sisters acknowledged a brother of theirs, he gets nothing; but if they acknowledged a sister from both parents, they pay her three-quarters of what is in their hands. If they acknowledged a sister from a father, she has one-fifth of what is in their hands, and whichever of them acknowledged alone pays her from what is in her hand according to that amount. If one of them acknowledged a brother and a sister, the problem of acknowledgment is out of seven, and the denial is out of six; you multiply one by the other, it becomes forty-two. She has one share in six, and she has seven in her hand; one share remains in her hand for both of them. If all four acknowledged them, four shares remain for them; if the two acknowledged ones confirm each other, they divide it among themselves in thirds. If they deny each other, the brother gets nothing, because he acknowledges that he has no right to the two-thirds, and what is acknowledged belongs to the sister because she claims one-fifth of the two-thirds. If she denies him, but he does not deny her, her denial is not considered due to the acknowledgment of the known sisters of him. If he denies her, but she does not deny him, it is possible that what is acknowledged belongs to her, because of his acknowledgment that he is not entitled to anything from the two-thirds, and her claim to the like of this excess from the two-thirds. It is also possible that she is only entitled to one-third of the four shares, because of her acknowledgment of them for the brother. The first view is more appropriate, if Allah the Exalted wills. If the uncle acknowledges a sister, or sisters from a father, or both parents, they get nothing. If he acknowledges a brother or sister from the mother, or a mother, or a grandmother, the acknowledged one gets one-sixth. If he acknowledges a brother from both parents, or from a father, or two sons of the mother, they get everything in his hand. If he left a mother and a brother from both parents, and the mother acknowledged a uterine brother, or a brother from both parents, he gets one-sixth, which is half of what is in her hand. If she acknowledged a brother from a father, and the brother from both parents confirms her, he gets one-sixth, which is half of what is in her hand, and there is nothing for the acknowledged one; if he does not confirm her, she has acknowledged for him what he does not claim, so it is possible that it remains in her hand and her acknowledgment is not valid, and it is possible that they reach a settlement over it because it does not go beyond them and its matter has become ambiguous, and it is possible that it belongs to the public treasury (bayt al-mal) because it is property for which no entitled person has been established and no one claims it. If the brother acknowledges a brother of his from both parents, he has three-eighths of what is in his hand, because the problem of acknowledgment is out of twelve; he has five of it, and in his hand is eight, so the excess in his hand is three.

Section: If he left two sons, and the elder acknowledges two brothers, and the younger confirms him in one of them, the lineage of the one agreed upon is established, so they become three. The problem of acknowledgment is then out of three, and the problem of denial is out of four; so you multiply the problem of acknowledgment by the problem of denial, it becomes twelve. The younger has one share from the problem of denial in the problem of acknowledgment, which is four; the elder has one share in the problem of denial, which is three; and the one agreed upon, if he acknowledges his companion, is like the share of the elder, and if he denies [him], he is like the share of the younger. Abu al-Khattab mentioned that the one agreed upon, if he confirms his companion, does not take from the denier more than a quarter of what is in his hand, because he does not claim more than that, and he and the one differed over take from the elder half of what is in his hand, so it is valid out of eight; the denier has three-eighths, the acknowledger has two shares, the one agreed upon has two shares, and the other has one share. Ibn al-Labban mentioned that this is the qiyas (analogy) of the statement of Malik and Shafi'i, may Allah be pleased with him. There is consideration in this, because the denier acknowledges that he is not entitled to more than one-third, and one who claims the increase has appeared, so it is obligatory to pay it to him. The parallel of this is if a person claimed a house in the hand of a man, and he acknowledged it for another, so the acknowledged one said: It is only for this claimant. It is then paid to him. Al-Khabri refuted this statement of Ibn al-Labban and said: According to this, three-eighths remain with the denier, and he does not claim more than...

Notes

(14) Omitted from: M. (15) In M: "shares".

Arabic (Source)

لها سهمٌ من مسألةِ الإِنْكارِ، فى مسألةِ الإِقْرارِ، سِتَّةٌ، ولها فى الإِقرارِ خمسةٌ، يفضُل فى يدِها سهمٌ، فهو للأخِ من أىِّ جهةٍ كان. وإن أقرَّت الأُخْتُ من الأبِ بأخٍ لها، صحَّتْ من تسعين، لها عَشَرةٌ، ويفضُل لأخيها ثمانيةٌ. وإِنْ أقرَّت بأخٍ من أبَوَين، دَفعَتْ إليه جميعَ ما فى يدها. وإِنْ أقرّتْ بأخٍ من أمٍّ، أو بأمٍّ للميّتِ، أو جَدّةٍ، أو بِعَصَبَةٍ، فله سُدُسُ ما فى يَدِها. وإِنْ خَلَّفَ أرْبَعَ أخواتٍ من أب، وعَمًّا، فأقَرَّ الأخَواتُ بأخٍ لهنَّ، فلا شىءَ له، وإِنْ أقْرَرْنَ بأخْتٍ من أبَوَيْن، دفعنَ إليها ثلاثةَ أَرْباعِ ما فى أيديهنَّ. وإِنْ أقْرَرْنَ بأختٍ من أبٍ، فلها خُمُسُ ما فى أيْدِيهنَّ، وأيَّتُهُنَّ أقرَّتْ وحدَها، دفعَت إليها ممَّا فى يدِها بقَدْرِ ذلك. وإِنْ أقرَّتْ إحْداهُنَّ بأخٍ وأختٍ، فمسألةُ الإِقرارِ من سبعةٍ، والإِنكارِ من ستَّةٍ، تضربُ إحْداهما فى الأُخْرى، تكُنِ اثْنينِ وأربعينَ، لها سهمٌ فى ستَّةٍ، وفى يدها سبعةٌ، يفضُل فى يدِها سهمٌ لهما. وإِنْ أقَرَّ الأرْبعُ بهما فضَلَ لهما أربعةُ أسْهُمٍ، فإنْ كان المُقَرُّ بهما يَتَصادقانِ، اقْتَسماها بينهم أثلاثًا، فإن تجاحَدا، فلا شىْءَ للأخِ؛ لأنَّه يُقِرُّ أنَّه لا حقَّ له فى الثُّلُثَيْنِ، ويكونُ المُقَرُّ به للأُخْتِ؛ لأنَّها تَدَّعى خُمسَ الثُّلُثين، وإِنْ جَحَدَتْه، ولم يَجْحَدْها، لم يُلْتفَتْ إلى جَحْدِها، لإِقْرارِ الأخَواتِ المعروفاتِ به (١٤)، وإن جَحَدها، ولم تجحَدْه، احْتَمَلَ أن يكونَ المُقَرُّ به لها، لإِقرارِه بأنَّه لا يسْتَحِقُّ شيئًا من الثُّلُثينِ، وكونِها تدَّعِى من الثُّلُثينِ مثلَ هذه الفَضْلةِ. ويَحْتَمِلُ أن لا تسْتحِقَّ إلَّا ثُلُثَ أرْبَعةِ الأسْهُمِ (١٥)، لإِقرْارِها بها للأخِ. والأوَّلُ أوْلَى، إنْ شاءَ اللَّه تعالى. وإِنْ أقَرَّ العمُّ بأُخْتٍ، أو أخَواتٍ من أبٍ، أو أبَوَين، فلا شىءَ لهم. وإنْ أقرَّ بأخٍ، أو أختٍ من أُمٍّ، أو بأُمٍّ، أو جَدَّةٍ، فللمُقَرِّ له السُّدُسُ. وإِنْ أقرَّ بأخٍ من أبَوَيْنِ، أو من أبٍ، أو بابْنَيْن من ولدِ الأُمِّ، فلهم جميعُ ما فى يدِه. وإِنْ خلَّف أُمًّا، وأخًا من أبَوَيْن، فأقرَّتِ الأُمُّ بأخٍ من أُمٍّ، أو من أبَوَين، فله السُّدُسُ، وهو نصفُ ما فى يدِها. وإنْ أقرَّتْ بأخٍ من أبٍ، فصدَّقها الأخُ من

Notes

(١٤) سقط من: م.(١٥) فى م: "أسهم".

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