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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 241

Translation · EN

his share, and the remainder is for his mawla or his mawlah (12), according to the opinion of the majority of scholars. This has already been mentioned. If a man and his daughter emancipated a slave, then the father died and left his son and his daughter, his wealth is divided between them in thirds. Then, if the slave dies, the daughter receives half, because she is the mawlah of half of him, and the remainder belongs solely to the son of the emancipator, unless it is according to the weak narration, in which case the remainder is divided among them by three parts; the daughter receiving two-thirds, and her brother receiving one-third. If the daughter dies before the slave and leaves behind a son, then the slave dies, her son receives half, and the remainder belongs to her brother. If the daughter leaves behind only a daughter, the entire wala' belongs to her brother to the exclusion of her daughter, unless it is according to the other narration, in which case her daughter receives half, and the remainder belongs to her brother. If the son dies before the slave and leaves behind a daughter, then the slave dies and leaves behind the female emancipator of his half (13) and the daughter of his brother, then the female emancipator receives half of his wealth, and the remainder is for the public treasury. According to the other narration, she receives the half due to her emancipation, and half of the remainder; because she is the daughter of the emancipator of the half, and the remainder is for the 'asaba of her father (14). If the daughter had also died before the slave and left behind her son, then the slave dies, her son receives the half, and nothing goes to the daughter of her brother. If a woman emancipates her father, then her father emancipates a slave, then the father dies, followed by the slave, then both their estates belong to her. If her father left behind another daughter along with her, they both receive two-thirds of the father's wealth by lineage, and the remainder belongs to the female emancipator by wala', and the entire wealth of the slave belongs to the female emancipator to the exclusion of her sister. It is derived from the other narration that they would also share two-thirds of the slave's wealth, and the remainder would be for the female emancipator. If the father left behind a son along with the female emancipator, the father's wealth is divided between them in thirds by virtue of filiation, and the entire wealth of the slave belongs to the son to the exclusion of his sister, the female emancipator; because he inherits by lineage, and lineage is given precedence over wala' in inheritance. If the father left behind a brother, a paternal uncle, or a paternal cousin along with the daughter, the daughter receives half of her father's inheritance, and the remainder is for his 'asaba, and the wealth of the slave is for his 'asaba, and his daughter has no share in it; because the 'asaba by lineage is preferred over the emancipator in inheritance, except according to the narration of al-Khiraqi, where the daughter receives half of the slave's inheritance because she is the daughter of the emancipator, and the remainder is for his 'asaba. If a woman and her brother emancipate their father, then he emancipates...

Notes

(12) In the original and A: "li-mawlahatihi" (for his mawlah). (13) Omitted from: M. (14) In A and M: "ibnuha" (her son).

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