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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 9 · Page 34Section

Translation · EN

are [paternal cousins] from both parents, then the remaining third is between them, and it is correctly resolved from six: for the husband is two-thirds, and for each one of the others is a sixth. Ibn Mas'ud, in all these cases, assigns the remainder after the husband's share to the one who is a brother through the mother.

Section: Two brothers through the mother, one of whom is a paternal cousin. The third is between them, and the remainder is for the paternal cousin. It is correctly resolved from six: for the paternal cousin is five, and for the other is one share. There is no disagreement regarding this issue. If there were three brothers, one of whom is a paternal cousin, the third is divided among them into three parts, and the remainder is for the paternal cousin; it is correctly resolved from nine. If two of them are paternal cousins, then the remainder after the third is between them, and it is correctly resolved from nine.

Section: Three brothers through the mother, one of whom is a paternal cousin, and three paternal cousins, one of whom is a brother through the mother. Add one from each group to the other group; you will have four paternal cousins and four brothers. They are six in number, and in terms of conditions, they are eight. Then, allocate the third to the brothers among four, and the two-thirds to the paternal cousins among four. It is correctly resolved from twelve: for each individual brother is one share, for each individual paternal cousin is two shares, and for each paternal cousin who is also a brother [through the mother] is three shares. Thus, he obtains the half, and the four remaining [individuals] obtain the half. According to the view of Abdullah [Ibn Mas'ud], the brothers receive the third, and the remainder is for the two paternal cousins who are [also] two brothers. And Allah knows best.

Notes

(19) In Al-Asl, M: "akhawat" (sisters).

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