ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 241006 - Issue: He said: (If there is a husband, a mother, maternal siblings, and full siblings, the husband receives half, the mother receives the sixth, the maternal siblings receive the third, and the full siblings are excluded.)

Translation · EN

The estate, when it combines parents and a fixed-share holder, results in the mother receiving one-third of the remainder, just as if there were a daughter with them. The father differs from the grandfather because the father is at the same level as her, while the grandfather is higher than her. What Ibn Sirin held is a differentiation in a case where the Companions unanimously agreed on equality. Furthermore, with a husband, he takes twice what the mother takes, and likewise with a wife, by analogy to that.

1006 - Issue; he said: (If there is a husband, a mother, siblings [from a mother], and siblings from a father and mother, the husband gets half, the mother one-sixth, the siblings from the mother one-third, and the siblings from the father and mother are excluded.)

This issue is called the "Musharrakah" (shared issue), as is every issue in which a husband, a mother or grandmother, two or more siblings from the mother, and an agnate from the siblings of both parents gather. It is called the Musharrakah because some of the people of knowledge shared the portion of the siblings from the mother between the siblings of both parents and the siblings from the mother, dividing it among them equally. It is also called the "Himariyyah" (donkey issue), because it is narrated that Umar, may Allah be pleased with him, excluded the siblings from both parents, so some of them said, "O Commander of the Faithful, assume our father was a donkey; are we not from the same mother?" So he shared it among them. It is said that some of the Companions said that, and it was named the Himariyyah for that reason. The people of knowledge differed on this in both early and modern times. Ahmad, may Allah be pleased with him, held the view that the husband receives half, the mother one-sixth, the siblings from the mother one-third, and the siblings from the father and mother are excluded because they are agnates and the estate has been fully distributed among the fixed-share holders. This opinion is narrated from Ali, Ibn Mas'ud, Ubayy ibn Ka'b, Ibn Abbas, and Abu Musa, may Allah be pleased with them. This is also the position of al-Sha'bi, al-Anbari, Sharik, Abu Hanifah and his companions, may Allah be pleased with them, Yahya ibn Adam, Nu'aym ibn Hammad, Abu Thawr, and Ibn al-Mundhir. It is narrated from Umar, Uthman, and Zayd ibn Thabit, may Allah be pleased with them, that they shared the one-third between the siblings from both parents and the siblings from the mother, dividing it among them equally, with the male receiving the share of two females.

Notes

(1) In M: "from a mother".(2) In M: "It is narrated".

PreviousVolume 9 · Page 24Next
Previous9·24Next