taken as a rule for decifion. According to both ABU YUSUF and MUHAMMED, the third fort has a preference over the maternal grandfather. On the First Class. THE beft entitled of them to the fucceffion is the nearest of them in degree to the deceased; as the daughter's daughter, who is preferred to the daughter of the fon's daughter; and, if the claimants are equal in degree, then the child of an heir is preferred to the child of a diftant relation; as the daughter of a son's daughter is preferred to the son of a daughter's daughter; but, if their degrees be equal, and there be not among them the child of an heir, or, if all of them be the children of heirs, then, according to ABU YUSUF (may GOD be merciful to him!) and ALHASAN, son of ZIYAD, the perfons of the branches are confidered, and the property is diftributed among them equally, whether the condition of the roots, as male or female, agree or difagree; but MUHAMMED (on whom be GOD's mercy!) confiders the perfons of the branches, if the fex of the roots agree, in which respect he concurs with the other two; and he confiders the perfons of the roots, if their sexes be different, and, he gives to the branches the inheritance of the roots, in oppofition to the two lawyers. For inftance, when a man leaves a daughter's fon, and a daughter's daughter, then, according to ABU YUSUF and ALHASAN, the property is diftributed between them, by the rule "the male has the portion of two "females," their perfons being confidered; and, according to MUHAMMED, in the fame manner; because the fexes of the roots agree: and, if a man leave the daughter of a daughter's fon, and the son of a daughter's daughter's daughter, then, according to the two first mentioned lawyers, the property is divided in thirds between the branches, by confidering the persons, two thirds of it being given to the male, and one third to the female; but, according to MUHAMMED (on whom be GOD's mercy!) the property is divided between the roots, I mean thofe in the fecond rank, in thirds, two thirds going to the daughter of the daughter's fon, namely, the allotment of her father, and one third of it to the fon of the daughter's daughter, namely, the fhare of his mother. Thus, according to MUHAMMED (to whom GOD be merciful!) when the children of the daughters are different in fex, the property is divided according to the first rank that differs among the roots; then the males are arranged in one clafs, and the females in another clafs, after the divifion, and what goes to the males is collected and diftributed according to the highest difference, that occurs among their children, and, in the fame manner, what goes to the females; and thus the operation is continued to the end according to this scheme: D S│SSD | D│| D | D | D | D | D | D | D Thus MUHAMMED (to whom GOD be merciful!) takes the sex from the root at the time of the distribution, and the number from the branches; as, if a man leave two fons of a daughter's daughter's daughter, and a daughter of a daughter's daughter's fon, and two daughters of a daughter's fon's daughter, in this form: The In this cafe according to ABU YUSUF (on whom be GOD's mercy!) the property is divided among the branches in seven parts, by confidering their perfons; but, according to MUHAMMED (to whom GOD be merciful!) the property is distributed according to the highest difference of fex, I mean in the second rank, in fevenths, by the number of branches in the roots; and, according to him, four sevenths of it go to the daughters of the daughter's fon's daughter; fince that is the share of their grandfather, and three fevenths of it, which are the allotment of the two daughters, are divided between their two children, I mean those in the third rank, in moieties; one moiety to the daughter of the daughter's daughter's fon, which is the share of her father, and the other moiety to the two fons of the daughter's daughter's daughter, being the share of their mother: the correct divifor of the property is, in this cafe, twenty-eight. The opinion of MUHAMMED (on whom be GOD's mercy!) is the more generally received of the two traditions from ABU HANIFAH (to whom GOD be merciful!) in all decifions concerning the diftant kindred; and this was the first opinion of ABU YUSUF; then he departed from it, and said that the roots were by no means to be confidered. A Section. A Section. OUR learned lawyers (on whom be the mercy of GOD!) confider the different fides in fucceffion; except that ABU YUSUF (may GOD be merciful to him!) confiders the fides in the perfons of the branches, and MUHAMMED (on whom be GOD's mercy!) confiders the fides in the roots; as, when a man leaves two daughters of a daughter's daughter, who are also the two daughters of a daughter's fon, and the fon of a daughter's daughter, according to this scheme: In this cafe, according to ABU YUSUF, the property is divided among them in thirds, and then the deceafed is confidered as if he had left four daughters and a fon; two thirds of it, therefore, go to the two daughters, and one third to the fon: but, according to MUHAMMED (to whom GOD be merciful!) the estate is divided among them in twentyeight parts, to the two daughters twenty-two fhares (fixteen in right of their father and fix shares in right of their mother) and to the fon fix shares in right of his mother. On the Second Clafs. HE among them, who is preferred in the fucceffion, is the nearest of them to the deceased, on which fide foever he ftands; and, in the cafe case of equality in the degrees of proximity, then he, who is related to the deceased through an heir, is preferred by the opinion of ABU SUHAIL, furnamed ALFERÁIDI, of ABU FUDAIL ALKHASSÁF, and of ALI, the fon of ISAI ALBASRI; but, no preference is given to him according to ABU SULAIMAN ALJURJÁNI, and ABU ALI AL BAIHATHI ALBUSTI. If their degrees be equal, and there be none among them, who is related through an heir, or, if all of them be related through an heir, then, if the fex of those, through whom they are related, agree, and their relation be on the fame fide, the diftribution is according to their perfons, but if the fex of thofe, to whom they are related, be different, the property is distributed according to the first rank that differs in fex, as in the first clafs; and, if their relation differ, then two thirds go to those on the father's fide, that being the share of the father, and one third goes to thofe on the mother's fide, that being the fhare of the mother: then what has been allotted to each fet is diftributed among them, as if their relation were the fame. On the Third Class. THE rule concerning them is the fame with that concerning the first class; I mean, that he is preferred in the fucceffion, who is nearest to the deceased: and, if they be equal in relation, then the child of a refiduary is preferred to the child of a more distant kinsman; as, if a man leave the daughter of a brother's fon, and the fon of a fifter's daughter, both of them by the fame father and mother, or by the fame father, or one of them by the fame father and mother, and the other by the fame father only in this cafe the whole eftate goes to the daughter of the brother's fon, because she is the child of a residuary; and, if it be by the fame mother only, diftribution is made between them by the rule, "male |