Chapter on Emancipation of The Sick The criterium in disposition is the state while the disposition is made in the efective way. If it was made in the heaslth, that will be from all of the wealth, if it is in the eadly illness that will be fdrom a third of his wealth. Any yhing atributed to death signifies that it is from a third, even if it occurs in the health period. Any illness from which he was cured, is like health. Emancipating in in deadly sickness, muhabah, kafalah (guaranteeing and secrin some thing for someone) and donation are considered a testament (a will) meenian effcetive in one third. If he emancipates and then makes muhabah anbd a third does not sffice for the the two,then muhabah is preferred, if it was mentioned before,both of them are equal, if it was mentioned later. If he was manumitted between thetwo muhabahs, half will be for the first one and the other half will partiotioned between the manumission and the the last mauhabah. If he makes muhabah between two emancipations, half will be for muhabah and ahlf for the two manumission. According to them emancipation comes comes first in all of them. If he made atestament stating that "let a slabe be freed for him by this hundred", then a dirham vanished from it,the tesatament gets void. According to two imams, he is to be freed against the remaning part. If it is mentioned hajj in place of testament for the freeing, it is to go to hajj for the remaning part, as it is unaninmously accepted. A will gets void by the emancipation of the slave, if he made a crime after the death of his patron, and he was given to the 491 / guardian of the victim. But no,if he was sacrificed (fada). If he makes a will of a third of his wealth for Zaid, and leaves as asset a slave, Zaid claims that he was emancipated while the deceased was alive and healthy and the inheritor claims that his manumission took place in his illness, the word of theionheritant is to be based on and Zaid will get nothing, except in the case the third exceeds his value or he proves his claim. If a man claims that the deceased had a debt and the slave alleges that he was manumitted in his life and the heir accptes both of them, then the slave works to pay his value.The value is to be given to the creditor. According to two imams, he will not work for nothing. If many wills are done and one third does not accomodate all of them,the mandatory ones are to be preferred. If they are at the same level in being mandatory or some thing else, the one who deceased preferred is to be executed first. It is said that zakah is to be preferred to hajj, it is said that the vice versa is true. Hajj and zakah are to be executed before the kaffarahs of murder, zihar and oaths. Kaffarahs come before sadaqah of al-Fitr the latter comes before the al-Udhiyyah. If he made a will that a hajj of islam to be done, they send a person from his town riding the horse if it is affordable, to hajj, otherwise they send from the place they can afford. If he leaves his home going to hajj, dies in the way and makes a will that some one has to be sent to on his nehalf, a person is to be sent from his town. According to two imams he is to be sent from the place where he has died as it is traditionally accepted among muslims (istihsan). The seme difference of views are there if a person who is doin hajj for another person dies on tha way to hajj. Chapter on Making a Will for the Relatives and Others The neighbour is any one who lives in adjacent area. According to two imams neighbour is one who lives in his locality )mahallah) and the masjid is shared among them. The dweller and the owner, man and woman, muslim and zimmi are equal. An in-law (sihr) is one who is nonemarriable relative from his wife side. And khatan are the husbands of nonmarriable 492 / relatives, in which a free man and a slave, the nearest one and the very far relative are all equal. His relitives (with different terms in arabic as aqarib, aqraba' zu qarabah, arham, zu arham and ansab) al work ubder the rule nearest one of his nonemarriable kins come first. Thew parents and children are not included in them. About the grandfather there are two opposing views. If he has no nonemariable near relative, his will gets void. A will to relatives may mean two and more people. According to the two imams any one who can be ascribed to a farthest father in Islam by acceptance IIslam or rechaed to Islam, if he does accept Islam, then who has two uncles (father's brothers) and two also uncles (mother's brothers) w ill will go to his uncles who are father's brothers. According to two imams they are all equal. Any one who has one uncle from mother's side and two uncles from father's side, half the will goes to the mother's side uncle and other half is to be divided btween two uncles from father's side. If he has one uncle only, half of the testament tary property only will go to him. If he has uncles and aunts both from mother's and father's sides, the testament will avail to the mather's side uncle and aunt wqyally to be divided. According to two imams will is to be divided among them all equally in all of the problem. "Ahl" of a man is his wife, according to two imams they are the people whome he supports and looks after under his budget, aman's "al" means his houshold. His father and grandfather is from his "ahl bait". Ahl nasab" of a person, is one who has a blood relation from father's side. Aman's "jins" is the "ahl" ofhis father's house. a will for "abi fulan", means if he is father of the stock (ab sulb), males only. According to two imams, the female folk is also included, this is one of the reports from Abu Hanifah. The expression of for "the heirs of such person (warathat fulan)", signifies that, male will get double of the female's share. In the phrase of "for the child of such person (li-wakad fulan)" man and woman are equal. The children of son will not get any thing while there are his own sons living. They will get if there are none of the sons living, contrary to the children of daughter. If he makes a will for "bani fulan (sons of..)" whereas he is chief of a ribe with an uncoutable membership,that is void. If the the will uses the expressions "their orphans,their blinds, 493 / their disabled and their widows",rich and poor and male and female will get, if they are numerable, only the poor ones, will get only if they are innumerable. The word his "mawali" signifies ones who the deceased emancipated in his healthy and deadly ilness days, for his children also. "Mawla al-muwalat" and "mawla al-mawali" are not included, except if his mawali and his children do not exist. The will is void if the bequeather has many emancipaters and emancipated ones. The least plural in the will is two, as iot is the situation in the Inheritance. Chapter on the Testament to Serve, to Settle and to Benefit from Fruits A will for service to be done by his slave and to settle in his house and benefit from the icomes can be collected from both og them are valid, being for a specific period or or for good. If one third is enough for that , that will be delivered to the beneficiary, otherwise the house is to be divided and the service of the slave is to be divided in turn, two days for them (heirs) and a day for the beneficiary of the will. If the beneficiary dies, he is to be returned to the heirs of the bequeather. If the beneficiary dies in the life of the bequeather, then that becomes void. Any one for whom the income of the house or slave has been bequeathed, then it is noot lawful for him to dwell therein and to get his service according to the most correct view and also it is not lawful for him in thelast case to rent it out. If he bequeathes to some one for the fruits of his garden, then he dies while there is fruits in it, he may pick the fruits only. If he adds the adverb "abadan (forever)", the present fruits and the fruits in the future will be for him. If he bequeaths for some one the wool of his flock of sheep or its milk or their lambs, the beneficiary will get what are available during the death of the deceased only, no differenece whether he says "abadan (forever)" or not. Chapter on the Testament of Zimmi If a zimmi makes his house a synagog or a church in healthy days, then he dies, that will be an inheritance. If he bequeathes it for a fixed nomber of the people, that is effective upto one third. The same rate in nonsepesific people as well, the two imams are of the opposing opinion. A musta'min (A none Muslim who enters to Islamic state with a 494 / visa, that is aman) who has no inheritor, may legally bequeatth all his wealth to amuslim or a zimmi. If such a visa holder bequeaths a part of it, the rest of his wealth will be returned to his heirs. A musta'min may be appointed as beneficiary by a muslim or a zimmi in the will as long as he stays in the Islamic State. Any one who is crooked in his creed, he is like a muslim in terms of testament, if he is not an apostate, otherwise he is like an apostate (murtadd). A testament of a zimmi is effective from a third of his wealth, no will can be valid for his heir. His will is also valid for a zimmi who is not in his faith, that is not valid for a non-muslim living in a non-Islamic State (harbi). Chapter on the Executer (al-Wasi) Any one who appoits a person and he accepts it in his presence and refuses it while he is absent, the job does not get rejected. But if he refutes in his presence, then that is a valid rejection. If he neither accept it nor reject it until the bequeather dies, then he has choice of accepting or rejecting it. If he sells any thing out of the assets left, tyhen he no more retain the right to reject it, even if he did not know any thing about the testament. If he rejects after the death occurs and then he accepts, that is valid until the judge executs his rejection. If he appoints a slave, even if his own, or a nonbeliever or a sinner as an executer of his will, the judge excludes him from that job and assigns the job to third person. But if all heirs are minors, then it is valid, the two imams are of the opposing opinion. If there is an adult among them, that will be unanimously void. If the executer is unable to fulfill his job another person can be added to him. He is not to be excluded from that job by a judge as long as he is able and trustworthy. This is so even the heirs or some of them complain about him, as long as no deception is witnessed from his side. If he appoints two persons as executors,no one of them can have right of doing lone transactions accept buying the burial cloth (kafan) and preparing the body, litigating and paying the debts, asking for the payment of the credits, buying things needed by the child, acceoting the the donation made in his favour, returning back the specific depositede goods, execution of the wills specified, emancipating a specific slave, returning back the usurped good or any thing boid in a void transaction, collecting the lost goods, protecting the property and selling the hings which are being afraid that they will be spoiled. According to Abu Yusuf, he may do things alone by himself in all 495 / cases (mutlaqan). If one the two executors die, the judge substitues him with a third person, if he does not bequeath to any one. If he appoints any living person, that is valid amd he disposes by his own . The executer of an executer is considered as executer in both of the assets of the two deceaseds. The same thing if he bequeaths to him regarding to one of the two, the two imams hlod an opinion against theis view. It is valid for an executer to divide the inheritance together with thebeneficiary of the will. They will noit resort to the beneficiary if his share gets perished in thehand of the executer. The executer will not make any muqasamah with the heirs for the beneficiary of the will. The beneficiary will appeal to the heirs for a third of what is left, if his share perishes at hand od the executer. It is valid for a judge, if he makes the executer share in the partion of inheritance with the heirs and takes his share. And also the same thing in bequeathing to perfom hajj, if the execurter shares with the heirs then that is lost in his hand. a third of what is left is to be taken for hajj. The same thing if he gives it for some one who will make hajj and that gets lost in his hand. According to Abu Yusuf he will receive any thing left out from a third, otherwise he will not. According to Muhammad nothing is to be receiced. If the executer sells a slave from the estate (tarika) of the deceased during the absence of the creditors, that is valid. If he bequeaths selling some thing out of the estate and giving it way as charity,and theexecuter sells it and gets his price and it gets lost in his hand and then the sold thing is calimed by a third person, he compensates it and then returns the estate for compensation. If theexecuter divides the the estate, the a minor gets soime thing out of it,and receives it, and sells it and receives its pric tehn that gets lost,and it is calimed by a third person, he returns to theperoperty of the minor and the minor returns to the other heirs with his share. No sale or buying of the executer are valid, except in what the deception is possible. Both of the transactions are valid for himself, if there is any use for him. The two imams are of the opposing opinion. The executer may give the wealth as mudarabah, partnership, bida`ah and may accept the transfering the credit or debt against the well-to-do, not against the bankrupt person. 496 / It is not allowed to him or to the father to accredit any one. The father,not the executer, may get credit. The executer may not trade the wealth of the minor, hed may sell the property of an adult who is absent, but not the real estates. The executer of the father is more eligible thatn his grandfather in the property of the minor. If the father does not appoint any one as executer, thegrandfather is like the father. Chapter The tow executers testify that the deceased appointed together with them also Zaid, their testimonies are not acceptable, excluding the case where Zaid himself claims it. The same thing if the sons of the deceased testify and the testimonies of the two executers are void regarding the property of the minor. And also regarding tehe property that was inherited by an adult heir. The testimonies are vakid in his favour at the peropeties other the deceased. According to two imams the testimonies are valid in both of the cases. The testimony of an executer against the deceased, not in favour of him, is valid, even if it is done after his dismissal and even if he was not litigated by any one. If two persons testify that the two third persons had accredited one thousand to the deceased and the two theird person tto testify the same amonut to be paid by deceased to the first witnesses, that is valid, contrary to the view of Abu Yusuf. If eacg group testify for another about a a testament done comrising a thousand, that is not valid. If one the two groups testify in favour of the other about a will regarding a she-slave and the other group also testify about a will that a male slave was bequeathed for the first group, that is valid. If thesecond testifies that a will of three slaves is done, that will not be valid. The Book ofHermaphrodite(al-Khuntha) It is one hwo has vaina and peins at the same time. If it urinates by one of themm taht is to be counted as gender. If both of theorgans are used in urinating, the one which preceeds is to considered as main gneder. If both of them are equal in precedence, then it is qualifies as unsolvable (mushkil. The quntity of urine does not have any effect. The two immas oppose this idea. When it reaches to the puberty, then if it displays some of the signs of themanhood, like growth of beard,ability ot make sex or discharging of sperms in the dream as it happens to a man, then it is a man, if some of the signs of womanhood, like menstruation, pregnancy, appearance of the bosoms, having milk init and facilatating to the sexua; relation, are manifested then it is a woman. If nothing is manifested or manifestations conflicted with each other, then it is an khutha. Muhammad says that being mushkil is 497 / some thing can be before reaching to the puberty,after that there will be no bing mushkil. When it is determined that it is mushkil, then the most cautious way is to be taken. So she prays having the head cover and stands while prayin in congregation between the rows of male and female. If she stands in the row of males, then the men who in her both sides, theones whjo wre paralel to her and ones who wre behind her are to repeat their prayers. If she stands in the rows of women, then she has to repeat her prayer. A mushkil does not wear silk and beautifying ornaments. She wears a sen garment of hajj (ihram),sh edoes not uncover herself neither with men nor with women. No man or woman other than her nonmarriable relatives enjoy her company in a nonpublic place. She does not travel withou any nonmarriable relative. Neither man nor woman can circumcise him, a she-slave is to be bought in her expense for her to circumcise her if she afford it, otherwise the state budget will pay for it, then the she-slave can be sold. If a mushkil khuntha dies before its stand from gender is clarified, he is not to be given bath, but will be made to have a tayammum for brial cleanliness. Then it is to be put in the five layer of wraps. When he reches to the adolescence he cannot attend the burial washings of neither man nor woman. It is a good behaviour to cover the grave with a sheet while burial prcess is going on to prevent the looking of males therein. A male body is to be put nerest to imam, then mushkil and then woman if they are to be prayed collectively. Mushkil khuntha will get the less amount of the two pssible shares from inheritance. If his father dies leaving him and a son, the son will receive two units of share and mushkil will get one unit. According to al-Sha`bi mushkil will get hal of the two shares, which is three out of seven according to Abu Yusuf and five out of twelve according to Muhammad. If a patron states "all of my skaves are free" or "all of my she-slaves are free", none of the mushkil slave gets manumitted as long as he does not clarify it. If khuntha says after it was determined that khuntha has a mushkil status "i am man" or "I am woman", that will not be accepted. But it will be admitted before that. Miscellaneous Issues The writing and hinting of a dumb person a way by which his acknowledgements for the transactions, like marriage, divorce, sale, buying, bequeathing and retaliation for him or asganist him 498 / can be understood is equal to the expression. He can not be punished for a crime of slandering chastite and decent women or others. A person whose tongue is tied up, if it continous and its signs are understandable, that is like dumb, otherwise he is not. Writing of an absentee is not an evidenec. They say that : "writing is either clear and official (letterhead), that is like speaking in absentees as well as in the present people, or it is clear,but not official, then that is like writin on walls and on the leaves. Intention is necessary here. it is not clear, like writing in the air and on the water, it has no meaning. If the halal meat gets mixed up with the flesh of a dead animal which is less than the halal meat,he searchs and eats, otherwise it is not edible after chosing it. He serches when it is in need of doing it. When the looded head of a sheep is burnt and the blood was elininated like that and then a soup is made out if it (head), that is allowed. Burning it is like washing. If the ruler fixes that kharaj, contrary to ushr which is one tenth of tax levied on the crop of the land, is to be given by the landlord, that is valid. If he gives the owned lands to the people letting them give kharaj, that is allowed. If he intends to make up fasting of Ranadan and does not specify which day it is, that is valid, if that fro two ramadans, then it is not valid, according to the most correct view. The same ruling in making up salah. If he intends to make up a zuhr which is missed by him as an exmple, and he did not intend as the first or last zuhr of such a day. It is said that both of are valid. If a person who fasts swallows the spittle of a nother person, if it belongs to mhis beloved one, he has to pay atonment fine (kaffarah), otherwise, he is not. Murdering some of pilgrims is an excuse for not performing hajj. If any one says to a woman in the presence of two witnesses "tu zan -i man shudi (in Persian: you are my wife,you became my wife)", and she says "shudam (I am, I became)", the marriage contract does not get completed between these couple, as lon as she does not say "qabul kardam (I accepted it)". If he says to her "Khishtan-ra zan-i man kardanidi (You make,made, yourself my wife)", and she says "Kardanidam (I made it)" and he said "paziraftam (I accepted it)", then the marriage gets established. 499 / If he says to a man "dukhtar-i khishtan-ra ba-busar-i man arzani dashti (do you see your daughter deserves my son)", then the person says "dashtam (I do, I did)", the marital contract does not get established. If a wife prevents her husband from having marital relation with her while he is living with her inthe same house, she becomes "disobedient (nashizah)". If he lives in a usurped house with her and the wife abstans from facilitating him marital relation, in this case she will not be disobedient. If the wife says "I will not lived with your she-slave, I want a seperate home", then she has no right to abstain from intimate relation. If she says "mara talaq deh (divorce me)" ,and he says "dada-gir (given)" or "karda-gir (done(" or "dada-bad (let be given)" or "karda-bada (let it be done)", if he intends the divorce, she gets divorced,otherwise, she is not. If he says "dada ast ( is given)" or "karda ast (is done)", that will occur even if he does not intend it. If he says "dada ankaz (given-perhaps)", then divorce does not happen, even if he intends it. If he says "way mara na-shayad ta qiyamat u hama 'umr (she does not deserve me umtil the last day all my life)", that will not occur except if he means the divorce. If he says her "hila-i zanan kun (make plot of women)", that is an acknowledgement of three divorce. If he says "hila-i khishtan kun (make your plot)", that does not mean divorce. If she says to him "kabin-i tura bakhshidam, mara chank baz-dar (I gave up taking my dowry,you abstain from me)", if he divorces her, no need to pay her dowry. Otherwise,it is needed. If he says to his skave "o my owner" or to his she-slave "I am your slave", he does not get manumitted. If he is invited to a work and he says "bar man sawkand-ast ke in kar na-kunam (I swear that I will never do this work)", that is an acknowlewdgement of swearing by Allah,the Exalted. If he says "bar man sawkand ba-talaq (swearing upon me to divorce)", then that is an aknowledgment to swearing to divorce. If her says "I said it as lie", his word is not going to be taken as true. The same law if he says "mara sawkand khana-ast ke in kar ba-kunam (I swear on home that i will do this work)". Idf the buyer says to the seller after the sale "baha baz-deh (give it back)", then theseller says "badaham (I give it)", that is a cancellation of the sale. The real estate on which there is a disagreement is not to be taken away from the actual holder (zu 'l-yad), as long as the claimant does not prove it. A verdict of a judge with regard to a 500 / real estate which does not fall under his authority is not valid. If a judge gives his verdict on aq fact basded on an evidence, then he says "I reversed my decision" or "naother way came to be true after that" or "I discovered the deception of the witnesses" or "revoked my verdict" and others, that will not be taken into consideration. The decision is effective when it is based on valid procedure and true testimony. Any one has a right on a thgird person,he hides some people, then asks from them about the right, he acknowledges it where as the peole caould see him and hear him, but this person dis not see them, their testimonies against him are acceptable. But if they hear their speakings, but do not see him then testimonies are not valid. If his real estate was sold while one of his relatives is present knowing the sale,and he kept silent, his suit after it cannot be filed. If a woman domates her dowry to her husband, then she dies, his relatives ask for the dowry and they say the donation was in her deadly illness period and the husband says that it was during her healthy days, his word is effective. If a man acknowledges a right, then says " iwas liying in what I acknowledged", thebeneficiary of the the acknowledgement is to be sworn in that the acknwledger was not liying about what he confessed and you are not cancelling what he is claiming according to Abu Yusuf",this is fatwa. Acknowledging is not a cause for the ownership. If he says to person "I delageted you to sell this", then he keeps quite, he becomes a deputy. Any one who delegates to his wife to divorce herself,then he does not have the power of cancelling the delegation. If another person says "I made you my agent for so with a condition that when I cancell it you are my deputy", the way out of it is sayin him "I expelled you,then I expelled from being deouty". If he says "whenever I expel you from being represemtative, you are my deputy", the solution for that is to say "I revoked my conditional delegation and I expelled you from the executuion thereof. Receiving the price of of settlement before the physical depature is required, if it was debt against the debt, otherwise it is not. 501 / If any one claims a house against aminor, his father settles the conflict against a property of the minor, if theclaimant has an evidence, then amicable settlement is allowed, provided it is against its equivalent value or gretater then that in the are where the people may accept the deception. And If he had no evidence or it was not just, the it is not allowed. Any one says "I do not have any evidence, then he proves, tha is valid. The same thing if witness says "I do not have any testimony in this suit", he testifies. The imam who is appointed by the caliph has the right of cutting of a part from the road and give it a person, provided it does not harm to the passengers. Any one whose wealth is seized by the ruler and no body was appointed to sell the seized property, he himsels sold the property, that is effective. If the husband scared his wife by beating and she donated her dowry, that donation does not get effective, if he was able to beat her. If he forced her to make khul`, and she did, the divorce gets effective and no material thing gets binding to be paid. If the wife transfers the dowry to third person against the husband, then she donated it to the husband, her donation gets not valid. If any one digs a well or a reservoir in his home and then the wall of his neighbour gets wet of it, so theneighbour asks it to be changed, the owner is not to be forced to do that. If the wall falls bacause of that, he does not compensate it. Any repairs the house of his wife by his own money with her consent, the added part is in her posession. And the maintenance will be her obligation to be paid to him. If he rapirs it for her without her permission, then the repaired part will go to her, the person is considered doing a charity. If he does that repairing for himself without getting her permission, the repaired part goes to him. Any one catches a debtor to him, then some one, releses him from his hand, the releaser has no duty of compensating him. Any one who has some good which belongs to a third person, and the governor instructs him saying " give it to me, otherwise I chop off your hand or beat with fifty whips". he does not compensate it. If he sets in a desert a trap to hunt a wild donkey and mentiones 502 / then the name of Allah on it, and next day morning comes, and finds the donkey dead, he is not allowed to eat it. It is repugnant to eat from a sheep's parts vagina, testacles, urine pipe, penis, gland, gall-vesicle, the flown blood. A judge has the right of acredditing from the peroperty of an absentee, a child and a foundlind. If the hear of the penis of a child was so clearly visible,so that every body who sees it thinks that he is circumcised,the shin of his penis cannot be cut off except by a difficulty, then it is allowed to leave it like that. The same thin if an old man accepts Islam, the people of vision say that he may not bear it. The time of circumcision is not known. It is said that it is seven year. It is not allowed to make salah (asking the blessings of Allah upon them) upon the people besides the prophet and angels, except by the way of joing them to the afore mentioned prohets. Alaso it is not permitted to give any thing in the name of new year (New-ruz) and festival (mahrajan). There is nothing wrong in wearing the turbans (a;-qalanis). A young knowledgable person may step forward ahead than an old person who is ignorant. And any one who memorized Qur'an may finish reading it in fourty days. The Book of Inheritance One needs to begin in the estate of th edeceased preparing the body and burying him witout lavishly spending and also not being very mean in expenditures. Then his debts are to be paid off. Then his legacies (testemants and wills) are to be executed out of a third of what is left after the debt. Then the residue is to be partitioned among his heirs. One may get the right of inheritance by consanguity, by marriage and by wala' relation. It is to be begun by the heirs of fixed shares (ashab al-fara'd), then agnates (`asabah) who has blood relation, then emancipated person,then his agnates, then giving to the cognates (zawi l-arham), then mawla'l-muwalat, then one whose blood relation (nasab) is acknowledged so that it was not before, the the one for whome more than one third has been bequeathed and then the state treasury (bait al-mal). The inheritance is prohibited by slavery, murder -as it has passed- diference in religion and difference of the state,de jure or de facto. The persons who are unanimously agreed upon letting them inherit from mem group are ten, namely father, father's father 503 / (grandfather), son, son's son, brother, borother's son, the uncle (father's brother), the husband and mawla of the manumission. The ones from the women group are seven: mother, grandmother, daughter, daughter of the son, sister, wife and she-mawla of manumission. They are people of fard shares (fixed shares) and also agnates. Fard share holder (zu'l-fard) is one who has a fixed share (sahm). The shares which are fixed in the Scriture of Allh,the Transcendent, are six: half, fourth, eightth, two-third, third and sixth. The half is for the daughter, dauughter of son if the daughter does not exist, full sister, sister from father's side only in case there is no full sister,provided they are alone,and the husband when there is no child or child of the son. The fourth is for husband when a child or the child of a son exists, the wife, even if they are more than one, provided there is no child or children of the son. The eigthth is for the wife in the same codition, if one of the choldren or children of son is with her. The two-thirds are for two or more of the inheritors whose fixed shares are half. The third is for mother when no child or child of the son exists or no two of the brothers and sisters exiist. Mother will have a third of thye residue after the fixed share of the copule (husband and wife in a problem where husband and parents or wife and parents are left as inheritors. If there is grandfather (instead of the father) in these two problems, she would have a third of all the inheritance. Abu Yusuf has an opposing view. a third will go to the children of mother, whether they are two or more, that will be partitioned amnog them male and female equally. The sixth will be for one child of mother, no matter whether it is male or female. Also it is for mother in case a chil, or child of son, whene no child exists or two of thebrothers or sisters are there. A father will get a sitxth if he is with a child or a child of son, and also the father's father (real grandfather) will have it in case the father is not there. The real grand father (al-jadd al-sahih) is one who no mother is inbetween him and the deceased person. If any mother is there inbetween, then that grandfather is fake grandfather (al-jadd al-fasid). Also sixth is the share of real grandmother (jaddah al-sahihah), even 504 / if they more then one. A real grandmother is one whe no fake grandfather enters between her and the deceased. Daughter of son will get a sixth, even if they are more than one, if she is together with one of the daughters og thedeceased. The sister from father's side only will get also a sixth if she is together with one full sister. Asabah (agnate) by himself (bi-nafsihi) is a male who there is female between him and the deceased. He will receive what the fixed share holders (ashab al-fara'id) leave over. In case he is alone, takes all of the estate. The nearest ones of asabah bi-nafsih are descendants of the deceased, that is son,son's son, and so on. Then the ascendants of the deceased, wqho are father, thereal grandfather and so on, then thedescendants of the father, that is the full brothers half brother on father's side, their sons and so on, then the descendants of the grandfather, they are full uncles or half uncles on the father's side, their children and so on so forth, the the descendants of the grandfather of the father in the same way. Asabah bi-ghairihi (agnetes through nanother person) are those whose fixed share are halves and two-thirds. They become agnates when coexist with their brothers. The residue is to be divided among them as double share of the female will go to the male. Any woman who has no fixed share and her brother is asabah, she doe not become agnate beause of her existenec of brother.For example sister of the father who coexist with daughter of thebrother. Asabah ma`a ghairihi (agnates in conjunction with another) are the full sisters or half sisters on theside of father if exist together with daughters and daughters of the son. Any one who is related to the deceased from both sides of parent comes first than the one who has a relation of father side only, it is so much so that a full sister who coexists with daughter deprives half brother on father's side. The child of an adultery and a child of a mula`anah procedure are mawla of their mothers. A father who coexits with the daughter is afixed share holder as well as aganate. The last group of asabah is a patron who emancipated the deceased (mawla 'l-`ataqah), then his agnates according to the rankining was made above. Any one who leaves father of his mawla together with the son of his mawla, whole of his assets will go to the son of his mawla. According to Abu Yusuf, father will get 505 / a sixth and the son will receive the residue after it. If there is grandfather instead of thefather, whole of the property will go to the son as unanimously admitted. If he leaves grandfather of his mawla and his brother as heirs, the grandfather is preferred. According to two imams they are equal. Asabah (agnates) receives what is overleft from the fixed share holders. If she leaves husband, half brothers on mother's side, full brothers and mother as only inheritors, half will go to husband, mother will have a sixth and obe third is to be alloted to the half brothers on mother's side. The full brothers will not share with them any thing. This problem is called al-mushtarakah ( A Jointly shared issue) and al-himariyyah (Related to donkey). Chapter on Deprivation (al-Hajb) Total type of deprivation (hajb al-Hirman) dsoe not work at all regarding six heirs: Son, father, daughter, mother, husband and wife. The heirs besides them the one who is far in terms of pedigree gets deprived by the nearer one. And also one who has one sided relation is deprived by the relation on two sides. A person who is connected with thedeceased by him, cannot ineheit in case of his existence, except the children of the mother (sisters on motehr's side), they are connected with the deceased by her and still they inherit with her. The brothers get deprived by son, son of the son and so on, also by father and grandfather. Half brothers and sisters on father side are deprived by the full brother. According to the two imams, the full brothers and half brothers on the father side are not deprived by grandfather, on the contrary they share with him. The grandfather is like a brother if the sahering with others makes him getting less than a third in case there is no one from fixed share holders or less than a sixth in case there is any. Fatwa is on the opinion of Abu Hanifah. When the immediate daughters of the deceased complete the two-thirds, then the daughters of the son lose their eligiblity to be heir, except if there is a son of son being paralel or lower than that in the of family tree, in this case he will make agnates (asabah) the ones who are paralel to him or higher than hem, provided they are not having fixed shares. The ones who are lower than him will get nothing. When the full sisters get their shares completed upto the two-thirds, then half sisters on the side of the father lose eligibility of being inheritor, except in case 506 / thereis a half brother on the side of father inheriting with them. The all grandmothers gets deprived from the inheritance with the existence of the mother,the grandmothers on father's side get deprived especially by the existence of the father. They also fet deprived by the by the grandfather, except the mother of the father. Any one who is nearer than the other, no matter what are their side, or whether the nearer one is an inheritor or deprived, she will deprive the one who farer, like the mother of the father when he is with him. She deprives the mother of the mother of the mother (great grandmother). When the two grandmothers exist, one has one sided kinship relation,like mother of the mother of the father, and the other one has two sided kinship relation, like the mother of thefathjer of thefather whereas she is also mother of the mother of the mother, in this case one third out of the sixth will go to one who has one side relation and the two-thirds out of the sixth will go the other. This is according to Muhammad. According to Abu Yusus a sixth will be partitioned between them fifty fifty conting the heads. Any one who is totally barred from being elisible to be inheritant like murder, and things of that nature,does not deprive any one. Any one who is deprived can deprive any one else. As the problem of grandmother mentioned above. And thebrothers and sisters are deprived by the father and they deprive the mother from one third of the share to a sixth of it. Chapter When the total of the nomerators of shares exceed the denominator of the problem, then taht problem is awliyyah( the process is awl). There are four denomitors of which additional total nomerators do not exceed their source denominators: two, three, four and eight. And three of the denominators exceeds: Six exceeds upto ten as odd and even number, twelve exceeds upto seven teen as odd and even numbers and twenty-four exceeds upto twenty -seven once only in a Minbariyyah problem, that is a wife, two daughters and parents. Radd is just opposite of awl. That is the additional total of the numerators is short of the denominator together with thecase that there is no asabah, in this case the diffrence between the two numbers will be given in additition to their shares to the fixed share holders with the exception of the husband and wife, the additional shares are to be distributed according to the shares. If the fixed share holders are one type, then the the denominator 597 / of the problem will be the total number of the heirs. If they are two types or more, then the denominator will be the total number of their shares: The denominator of the problem will be two, if there are two sixths, the denominator is three, if there are one sixth and one third, it will be four if there are one sixth and one half, five will be denominator in case the shares are one third, one half or two sixths and a half or two thirds and one sixth. If there are the share holders who may get more together with the heir in the first case,his fixed share will be given from the smallest number of the denominator, then the residue will be destributed according to the count of their heads, if it was sufficient, for example husband and three daughters. Otherwise the common divider (wafq) between the remmnant and the number of share holders is to be used as multiplier with the denominator of the heirs who do not get any additional share, the new number becomes the denominator. This is in case there are a common divider between the two numers. For example a husband, and six daughetrs issuue. If there is no common divider (tabayun), then the number of the count of heads is to be multiplied with the denominator, like a husband and five daughters. If there is any one who does not get an additional share together with the second phase, then the remnant is to be destributed on the denominator of the heirs who wre eligible to get additional shares. If that fitts,no problem, like a wife, four grandmothers, and six half sisters on the mother's side. Otherwise the denominator of their problem is to be multiplied with the denominator of the heirs who are not eligible to get more additional shares. For exmple four wives, nine daughters ans six grandmothers. Then the nomerators of the shares of the heirs who are not eligible to get more is to be multiplier of of the denominator of the theheirs who can get more and the shares of the heirs who can receive more are to be multiplied by what remains out of the denominator of the heirs who do not receive any additional share. The problem is to be procvessed (tashih) with the methods explained below. Cognate (Zu 'l-rahm) is a relative who is not agnate (asabah) and does not have a fixed share. He will inherit like an agnatee inherits in the case of no fixed share holders exist. Any one who is alone, receives the whole wealth. They have preferences by being near in relation (qurb al-daragah), then by the strength of their kinship (quwwah al-qarabah), then the ascendant (al-asl) becomes inheritant when their line (jihah) of kinship is one. 508 / If the relation differs, then for the kins of father two-thirds and for the kins of mother; side one third are to be allotted. Then the rule of preference works in each group, as if he is alone. Ifthey atthe same level of kinship as well as strength of kinship, and in being at the same line (jihah), each male will get double of a female inheritant. The head count of the descandants are to be considered if the ascendant is the same. The same law is to be applied, if the ascendants are different according to Abu Yusuf. According to Muhammad the qualification (sifah) is to be taken from the ascendants (al-usul) and the number from the descendants. And it will be distributed to the first level of descendants (batn) where the difference occurs. Then the males are tobegrouped in one,and women in another, the share of each group is to be distributed to the first rank of descendants (awwal batn), where a change occurs, if there is any, otherwise the share of each ascnedant is to be given to his descendants. The view of Muhammad is to be based as fatwa. The descendants of the deceased come first. They are the children of daughters, the children of the daughters of the son and so on. Then the ascendants of the deceased. They are the fake grandfathers and fake grandmothers. Then comes the descendants of the father of the deceased. They are the children of the half sisters on the line of the mother and the daughters of the brothers. Then the descendants of of the grandfather of the deceased.They are the aunts and uncles (both mother's side and father's side). Thein their descendants, then thedescendants of the grandfather of his father or mother. They are the aunts of the father or mother, their uncles (father's side and mother's side). The daughters of the uncles and thechildren of uncles of the mother. Chapter Heirs who were drowned and who died under the wreckage and no body konows who died before the others, the properyy of each one of them is to be distributed to his heirs who are live. And the dead heirs will not inherit any thing from each other. If the two sons of uncle (father's borther) meet and one of them is half brother on mother's line, he will be given a share of a sixth in both of the cases, then they divide the residue as being agnates. The magian will not inherit bu virtue of a void marriage. 509 / If two lines of kinship (qarabatan) meets here, if these two kinship have been assumedly in two different persons they would have been inheritants, then they inherit in this case. If one of them deprives the other he will inherit because of the deprivation (al-hajibiyyah). A share of one son is to be reserved (waqf) for the feotus. This is the preferred view. According to Abu Yusuf the share of the two sons are to be to reserved. If the bigger part of the body of the feotus comes alive out of its mother's body, and then dies, it receives its share. But if othgerwise , then it does not inherit. Chapter al-Munasakhah some of the ineritors die before the partition of the estate. First the problem of the heirs of the first dead, then the second problem are to be correctly established (tashih). If the share of the second dead is equal to the denominator of its problem, that is fine. Othgerwise the common divider of the second problem is to be multiplied by the denominator of the first problem, if there is a common divider (tawafuq) betwen its share and the denominator of its problem. Otherwise the full denominator of the second problem is to be multiplied by the first problem denominator. The result of the multiplication will be denominator of for the two problems. Then multiply the shares of the heirs from the first problem by the common divider of the denominator of the second corrected problem or by the whole denominator and the shares of the heirs of thesecond dead are to be multiplied by common divider of the second dead has in his hand or by the whole of it, the reault is theshare of each group. If there is a third dead, make the commonly found number as first proble, and the third deah as thesecond. You do thesame thing if a fouth or fifth and so on death occurs. Chapter on The Calculations of The Individual Shares The fixde shares are categorized in two: First half,half the half which one fourth and half the halfof the half which is one eightth. The second the two-thirds, its half which one third and half of the half which is one sixth. One get half of the denominator two, on efourth from thefour and one eightth from eightth, two-thirds and one thir from three and one sixth from six. 510 / If half is mixed with the second group, totally or partly, then the denominator will be six. If there is one fourth, then twelve, if it is one eighth, that is from twenty-four. If the shares of a group are not even and shares do not have any common divider (tabayun) compared with the count of the head of the heirs, then multiply the count of the heads by the denominator (al-makhraj) og the problem, for example a wife and two brothers. If there is a common divider between the two, the multiply it by the denominator of the problem, for instance a wife and six brothers. If the shares of two or more different groups do not correspond to their heads in terms of being even, but the total numbers of heads of each group equal to each other (tamathul), then multiply one of the numbers by the the denominator of the problem. For example, three daughters and three uncles (brothers of the father). If one of the numbers is an even multiplication of the other (tadakhul), then multiply the biger of the two by the denominator of the problem, as is the case in four wives, three grand children and twelve uncles (brother of thefther). If oneof the numbers has with the other a common divider, then multiply the common divider by the by the while of the second number, and the result by the common divider of the third number, if there is any between the two, otherwise with the total number, and the result is to be multiplied by the fourth in the same method. Then the result is to be used as multiplier by the deniminator of the problem. An example for that is: Four wives, fifteen grandmothers,eighteen daughters and six uncles (father's brother). If the numbers conflict with each other (tabayun) multiply one by the second, then the result by the third, then the result by the fourth anf then the last result by the denominator of the problem, for example two wives, ten daughters, six grandmothers and seven uncles (on father's side). If the problem ig a`ilah (under `awl process), then multiply theresult of the multiplication by the original (denominator), with a resevations of the dofference of views. Chapter A tadakhul netween two numbers can be understood by substracting the lesser one twice or more from the big one, then it exhausts 511 / it or the big one is evenly divisible (qismah sahihah) to the less one, as is the relation between five and twenty. The tawafuq (having wafq, common divider) between the two can be known by substructing the less one ( common divider) from the big number continously from both of the numbers, so that at one point one gets equal numbers in both sides. If the equal number is one, thenthe two numbers are conflicting numbers (tabayun). If the number is more than one (1), then the two numbers have a a wafq (tawafuq) betrween them in half, if the number is three then tawafuq is in a third, if the number is four, then tawafuq is a fourth. This is the way upto ten. In eleven, the tawafuq is in one out of eleven and so on. If you want to know the shares of each group from thye correctly processed denominator, multiply what he received from the main denominator by the multiplier of the original denominator. Whatever you got, that is its share. The same procedure is to be followed to know the share of each individual.. If you wish you may proportionate the shares of each group out of the denominator to the counts of their heads, then give by the same proprotion from the multiplied to each one of them. If you want to partition the estate between the heirs or creditors, take a look at the relation between the esate and correctly processed denominator (tashih). If there is a tawafuq between them, multiply share of each individual inheritor from the denominator by the common divider (wafq) of theestate, then divide theresult to the common divider (wafq) of the denominator. What you have got is theshare of that heir. If there is no tawafuq between them, then multiply shares of each heir by the total number of the estate, then divide the result to the denominator. Whatever you have got is his share. The same method is to be applied to know the shares of each group. In the division among the creditors consider totality of the credits as correctly processed denominator (tashih) and each credit as shares of an inheritor. Then act in the above mentioned way. 512 / Any one who sttles his share peacefully with the rest of the heirs and creditors by getting a specific thing, substract his share from the evenly developed denominator or fdrom the credits. And divide the rest to the shares o the ones who are leftover or to the credits. The poor (hmble author) says: This the end of "Multaqa 'l0Abhur". I did not spare any effrot no to neglect any thing of the four books. I request the one who studies it, if he comes across to any thing wrong in it, let him fix that in its proper place. A human being is a center of fotgetfullness. Let it be ,after the pondering in depth on possiblities of the proble. It is very likely that the problems have been mentioned in some books in one chapter and in other books in another place. So I saw suffucient mentioning it in one of thetwo places. Then I added many problems of "al-Hadasyah" and "Majma` al-Bahrain". I did not any thing else from any source other tha these two willing that the search be easy for any to who the authenticity of any thing which is not found in the four books is ambigous. Allah is enough for me and he is my agent. The whitening of this finished between the two salahs at the Tuesday Thirteenth of Rajab, the Great, of theyear Nine-hundred-and Tenty-Three at hand of one who is in neewd of Allah, the Rich, Ibrahim, son of Muhammad who is son of Ibrahim, al-Halabi (from Halab/ Aleppo- Syria). Praise be to Allah, the Lord of the Universes.May Allah bless our Sir Muhammad and his Al (his family members,companions and all followers) and his Companions, all of them. And all of the people who will follow them nicely and properly (ihsan) until the Doom's Day. Amin. This book finished by the halp of Allah, the Most Donator. Rough Translation finished: Saturday May 19, 1990 at 5.35 pm. Dallas, Texax, USA. Translation has begun August 1989. 29