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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 14999 - Issue: He said: (If there is one daughter and daughters of a son, the leibliche daughter receives half, and the daughters of the son, whether one or more, receive the sixth to complete the two-thirds, unless there is a male with them who makes them 'asabah regarding the remainder, where the male gets the equivalent of the portion of two females.)

Translation · EN

between him and the third, fourth, and fifth in fifths. The calculation is valid based on thirty. If there are those lower than the fifth, it is the same. I know of no disagreement on this among those who hold the view of granting inheritance to the daughters of the son alongside the sons of the son after the two-thirds have been completed.

999 - Issue: He said: "If there is one daughter and daughters of a son, the daughter of the loin receives one-half, and the daughters of the son, whether one or more than that, receive the one-sixth as the completion of the two-thirds, unless there is a male with them who makes them agnatic heirs in what remains, with the male receiving the share of two females."

There are three rulings in this issue: The first is that a single daughter receives one-half, and there is no disagreement on this among the scholars of the Muslims, due to the saying of Allah the Almighty: "If there is only one, then she receives one-half" (2). Also, the Prophet (peace be upon him) decreed in a case of a daughter, a daughter of a son, and a sister, that the daughter receives one-half, the daughter of the son receives the one-sixth, and what remains goes to the sister (3). The second is that if there is a daughter of a son or multiple daughters of a son with the single daughter, the daughter receives one-half, and the daughters of the son, whether one or more, receive the one-sixth as the completion of the two-thirds. This is also unanimously agreed upon by the scholars. The basis for this is the saying of Allah the Almighty: "If they are women above two, they have two-thirds of what he left; and if there is one, she has half" (2). Thus, He assigned two-thirds to all the daughters, and the daughters of the loin and the daughters of the son are all female children, so they are entitled to two-thirds by the decree of the Book, and they do not exceed it. The daughter of the loin is uniquely entitled to one-half because it is assigned to her and the term applies to her literally, so the remainder of the two-thirds is left for the others. For this reason, the jurists said: They receive the one-sixth as the completion of the two-thirds. Hudhayl (4) ibn Shurahbil al-Awdi narrated that:

Notes

(11) In MS M: "by the establishment of agnation". (1) In MS M: "this". (2) Surah al-Nisa 11. (3) Its derivation was mentioned previously on page 10. (4) In MS M: "Huzayl", and his biography was mentioned previously in 3/260.

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