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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 237

Translation · EN

her sister, which are also divided: one share for the master (39) of her mother, and one share is circular, returning to the Public Treasury. Thus, the Public Treasury receives a quarter, and the master of her mother receives three-quarters. If there were three [daughters] and one of them died before the father, and another after him, the father's estate is divided into twenty-seven parts: two-thirds of it for his two daughters by lineage, one-third of the remainder by their wala' over him, and one-third of the remainder by their wala' over their sister. One share remains for the master of the mother, and the estate of the second is divided into eighteen parts: nine for the survivor by lineage, three by her wala' over her, three for the master of her mother, and three remain for the masters of the first deceased: one share for the survivor, one share for the master of her mother, and one share remains circular. Whoever assigns it to the Public Treasury gives it to them; whoever assigns it to the master of the mother, it belongs to him; and whoever does not give it away divides it equally between the survivor and the master of the mother. By reduction, it returns to four. If their mothers were different, then it is out of twelve. If the two daughters bought their father, then their father bought his grandfather along with the elder daughter, then the father died, his estate is divided among them in thirds. Then, if the grandfather dies leaving behind his son's two daughters, they receive two-thirds, and the elder receives half of the remainder because she is the mistress of his half. The sixth remains for the masters of the father, because he is the master of half of the grandfather, and they are his two daughters. Thus, the elder receives one-third and a quarter of the estate, and the younger receives a quarter and a sixth. If the situation remains the same and the elder daughter and her father buy their brother from their father, the answer to that is like the one preceding it.

Notes

(39) In M: "for the masters of".

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