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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 161000 - Issue: He said: (Paternal sisters are in the same position as full sisters if there are no full sisters. If there are full sisters and paternal sisters, the full sisters receive two-thirds, and the paternal sisters receive nothing, 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

it [the share] lapses if she does not have anyone to make her an agnatic heir, regardless of whether the two-thirds were completed by those on the same level, those above them, or those following them. This also applies to everyone whose level dropped alongside one who is higher than them. We have already illustrated this in the issue that we mentioned at the end of the issue preceding this one.

1000 - Issue: He [the author] said: "The sisters from the father are in the same status as the sisters from the father and mother, if there are no sisters from the father and mother. If there are sisters from the father and mother, and sisters from the father, then the sisters from the father and mother receive the two-thirds, and the sisters from the father receive nothing, unless there is a male with them who makes them agnatic heirs regarding what remains, with the male receiving the share of two females. If there is one sister from the father and mother and sisters from the father, then the sister from the father and mother receives one-half, and the sisters from the father, 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 regarding what remains, with the male receiving the share of two females."

This entire statement is unanimously agreed upon among the scholars of the major cities, except for the difference of opinion from Ibn Mas'ud and those who followed him, regarding the rest of the Companions and jurists, concerning the offspring of the father if the sisters from both parents have completed the two-thirds, for he assigned the remainder to the males of the offspring of the father to the exclusion of the females. If there was one sister from both parents, and brothers and sisters from the father, he assigned to the females among the offspring of the father whichever is more detrimental to them, either the division or the one-sixth, and he assigned the remainder to the males. This is similar to his action regarding the offspring of the son alongside the daughters, according to what has already been detailed and explained, and his argument and the response to it have already been mentioned, which suffices from repeating it. As for the assignment of two-thirds to two sisters or more, and one-half to a single sister, it is established by the saying of Allah the Almighty: "They request from you a [legal] ruling. Say, 'Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].' If a man dies and has no child but has a sister, she will have half of what he left. And he inherits from her if she has no child. And if there are two sisters, they will have two-thirds of what he left" (4).

Notes

(1) In the original, A, and B: "kun" (they were). (2) In MS M: "from the father". (3) In MS M: "for the male". (4) Surah al-Nisa 176.

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