relations, or more, as the mother's mother's mother, who is alfo the father's father's mother, according to this table,

then a fixth is divided between them, according to ABU YUSUF, in moieties, refpect being had to their perfons; but, according to MUHAMMED (on whom be GOD's mercy!) in thirds, refpect being had

to the fides.

On Refiduaries.

RESIDUARIES by relation to the deceased are three: the residuary in his own right, the refiduary in another's right, and the refiduary together with another. Now the refiduary in his own right is every male, in whose line of relation to the deceafed no female enters; and of this fort there are four claffes; the offspring of the deceased, and his root; and the offspring of his father and of his nearest grandfather, a preference being given, I mean a preference in the right of inheritance, according to proximity of degree. The offspring of the deceased are his fons first; then their fons, in how low a degree foever: then comes his root, or his father; then his paternal grandfather, and their paternal grandfathers, how high foever; then the offspring of his father, or his brothers; then their fons, how low foever; and then the offspring of his grandfather, or his uncles: then their fons, how low foever. Then

the

the strength of confanguinity prevails: I mean, he, who has two relations is preferable to him, who has only one relation, whether it be male or female, according to the faying of Him, on whom be peace!" Surely, "kinsmen by the fame father and mother shall inherit before kinsmen "by the fame father only:" thus a brother by the fame father and mother is preferred to a brother by the father only, and a fifter by the fame father and mother, if she become a refiduary with the daughter, is preferred to a brother by the father only; and the son of a brother by the fame father and mother is preferred to the son of a brother by the fame father only; and the rule is the fame in regard to the paternal uncles of the deceased; and, after them, to the paternal uncles of his father, and, after them, to the paternal uncles of his grandfather.

The residuaries in another's right are four females; namely, those whose shares are half and two thirds, and who become refiduaries in right of their brothers, as we have before mentioned in their different cases; but she, who has no share among females, and whose brother is the heir, doth not become a residuary in his right; as in the case of a paternal uncle and a paternal aunt.

As to refiduaries together with others: fuch is every female who becomes a refiduary with another female; as a fifter with a daughter, as we have mentioned before. The last refiduary is the mafter of a freedman, and then his refiduary heirs, in the order before stated; according to the faying of Him, on whom be bleffing and peace! “The master bears a relation like that of confanguinity;" but females have nothing among the heirs of a manumittor, according to the saying of Him, on whom be bleffing and peace! "Women have nothing "from their relation to freedmen, except when they have themselves "manumitted a flave; or their freedman has manumitted one, or they "have fold a manumiffion to a flave, or their vendee has fold it to his

"flave,

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"flave, or they have promised manumiffion after their death, or their promisee has promised it after his death, or unless their freedman "or freedman's freedman draw a relation to them."

If the freedman leave the father and son of his manumittor, then a fixth of the right over the property of the freedman vests in the father, and the residue in the fon, according to ABU YUSUF; but, according to both ABU HANIFAH and MUHAMMED, the whole right vests in the son; and, if a son and a grandfather of the manumittor be left, the whole right over the freedman goes to the fon, as all the learned agree. When a man poffeffes as his flave a kinsman in a prohibited degree, he manumits him, and his right vests in him; as if there be three daughters, the youngest of whom has twenty dinàrs, and the eldest, thirty; and they two buy their father for fifty dinàrs; and afterwards their father die leaving fome property; then two thirds of it are divided in thirds among them, as their legal fhares, and the refidue goes in fifths to the two who bought their father; three fifths to the eldest and two fifths to the youngest; which may be fettled by dividing the whole into forty-five parts.

On Exclufion.

EXCLUSION IS of two forts: 1. Imperfect, or an exclufion from one share, and an admiffion to another; and this takes place in respect of five perfons, the husband or wife, the mother, the fon's daughter, and the fifter by the same father; and an explanation of it has preceded. 2. Perfect exclusion: there are two sets of perfons having a claim to the inheritance: one of which fets is not excluded entirely in any

cafe ;

cafe; and they are fix perfons, the son, the father, the husband, the daughter, the mother, and the wife; but the other fet inherit in one cafe and in another cafe are excluded. This is grounded on two principles; one of which is, that "whoever is related to the deceased

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through any perfon, shall not inherit, while that perfon is living;" as a fon's fon, with the fon; except the mother's children, for they inherit with her; fince fhe has no title to the whole inheritance: the fecond principle is, "that the nearest of blood must take,” and who the nearest is, we have explained in the chapter on residuaries. A person incapable of inheriting doth not exclude any one, at least in our opinion; but, according to IBNU MASUUD (may GOD be gracious to him!) he excludes imperfectly; as an infidel, a murderer, and a slave. A perfon excluded may, as all the learned agree, exclude others; as, if there be two brothers or fifters or more, on which ever fide they are, they do not inherit with the father of the deceased, yet they drive the mother from a third to a fixth.

On the Divifors of Shares.

KNOW, that the six shares mentioned in the book of Almighty GOD are of two forts of the first are a moiety, a fourth, and an eighth ; and of the second fort are two thirds, a third, and a fixth, as the fractions are halved and doubled. Now, when any of these shares occur in cases singly, the divisor for each share is that number which gives it its name (except half, which is from two), as a fourth denominated from four, an eighth from eight, and a third from three: when they occur by two or three, and are of the fame fort, then each integral number is the proper divifor to produce its fraction, and alfo to produce

the

the double of that fraction, and the double of that, as fix produces a fixth, and likewise a third, and two thirds; but, when half, which is from the first fort, is mixed with all of the second fort or with fome of them, then the divifion of the estate must be by fix; when a fourth is mixed with all of the second fort or with fome of them, then the division must be into twelve; and when an eighth is mixed with all of the fecond fort, or with fome of them, then it must be into four and twenty parts.

On the Increase.

ÂÚL, or increase, is, when some fraction remains above the regular divifor, or when the divifor is too fmall to admit one share. Know, that the whole number of divifors is feven, four of which have no increase, namely, two, three, four, and eight; and three of them have an increase. The divifor, fix, is, therefore, increased by the âùl to ten, either by odd, or by even, numbers; twelve is raised to seventeen by odd, not by even, numbers; and twenty-four is raised to twentyfeven by one increase only; as in the cafe, called Mimberiyya (or a cafe answered by ALI when he was in the pulpit), which was this, "A man left a wife, two daughters, and both his parents." After this there can be no increase, except according to IBN MASUUD (may GOD be gracious to him!) for, in his opinion, the divifor twenty-four may be raised to thirty-one; as if a man leave a wife, his mother, two fifters by the fame parents, two fifters by the fame mother only, and a fon rendered incapable of inheriting.

On