taking half the fum of the two portions; or, we may fay, he takes the moiety which is afcertained, together with half the moiety which is difputed, fo that there come to him three fourths of a fhare; for he (ABU YÚSUF) pays attention to the legal share and to the increase, and he verifies the cafe by nine: or, we may fay, the fon has two shares, and the daughter one share, and the hermaphrodite a moiety of the two allotments, and that is a fhare and half a share. But MUHAMMED (may GOD be merciful to him!) fays, that the hermaphrodite would take two fifths of the estate, if he were a male, and a fourth of the estate, if he were a female, and that he takes a moiety of the two allotments, and that will give him one fifth and an eighth by attention to both fexes; and the case is rectified by forty; fince that is the product of one of the numbers in the two cafes, which is four, multiplied into the other, which is five, and that product multiplied by two (which is the number of the) cases; and then he, who takes any thing by five, has it multiplied into four, and he, who takes any thing by four, has it multiplied into five; so that thirteen shares go to the hermaphrodite, and eighteen to the son, and nine to the daughter.

On Pregnancy.

THE longeft time of pregnancy is two years, according to ABU HANIFAH (may GOD be merciful to him!) and his companions; and according to LAITH, the fon of SÂD ALFAHMI (may GOD be merciful to him!) three years; and, according to ALSHAFIÎ (may GOD be merciful to him!) four years: but according to ALZUHRI (may GOD be merciful to him!) seven years: and the shortest time for it is fix months. There is referved for the child in the womb, ac

cording

cording to ABU HANIFAH (may GOD be merciful to him!) the portion of four fons, or the portion of four daughters, whichever of the two is moft; and there is given to the rest of the heirs the smallest of the portions; but, according to MUHAMMED (may GOD be merciful to him!) there is reserved the portion of three fons or of three daughters, whichever of the two is most: LAITH, son of SÂD (may GOD be gracious to him!) reports this opinion from him; but, by another report, there is referved the portion of two fons; and one of the two opinions is that of ABU YUSUF (may GOD be merciful to him!) as HISHAM reports it from him; but ALKHASSÁF reports from ABU YÚSUF (may GOD be merciful to him!) that there fhould be referved the share of one fon or of one daughter; and, according to this, decifions are made; and security must be taken, according to his opinion. And, if the pregnancy was by the deceased, and the widow produce a child at the full time of the longest period allowed for pregnancy, or within it, and the woman hath not confeffed her having broken her legal term of abftinence, that child shall inherit, and others may inherit from him; but, if she produce a child after the longest time of geftation, he fhall not inherit, nor fhall others inherit from him: and if the pregnancy was from another man than the deceased, and fhe, the kinfwoman, produce a child in fix months or lefs, he fhall inherit; but, if fhe produce the child after the leaft period of geftation, he fhall not inherit.

Now the way of knowing the life of the child at the time of its birth, is, that there be found in him that, by which life is proved; as a voice, or fneezing, or weeping, or fmiling, or moving a limb; and, if the smallest part of the child come out, and he then die, he shall not inherit; but if the greater part of him come out, and then he die, he fhall inherit and, if he come out ftraight (or with his head firft) then his breaft is confidered; I mean, if his whole breast come out, he fhall inherit;

inherit; but if he come out inverted (or with his feet firft) then his navel is confidered.

The chief rule in arranging cafes on pregnancy is, that the case be arranged by two fuppofitions, I mean by fuppofing, that the child in the womb is a male, and by fuppofing, that it is a female: then, compare the arrangement of both cases; and, if the numbers agree, multiply the measure of one of the two into the whole of the other; and, if they disagree, then multiply the whole of one of the two into the whole of the other, and the product will be the arranger of the cafe: then multiply the allotment of him, who would have something from the cafe, which supposes a male, into that of the case, which fuppofes a female, or into its measure; and then that of him, who takes on the supposition of a female, into the case of the male, or into its measure, as we have directed concerning the hermaphrodite; then examine the two products of that multiplication; and whether of the two is the less, that shall be given to such an heir; and the difference between them must be referved from the allotment of that heir; and, when the child appears, if he be entitled to the whole of what has been referved, it is well; but, if he be entitled to a part, let him take that part, and let the remainder be distributed among the other heirs, and let there be given to each of those heirs what was referved from his allotment: as, when a man has left a daughter and both his parents, and a wife pregnant, then the cafe is rectified by twenty-four on the fuppofition, that the child in the womb is a male, and by twenty-seven on the supposition, that it is a female: now between the two numbers of the arrangement there is an agreement in a third; and, when the measure of one of the two is multiplied into the whole of the other, the product amounts to two hundred and fixteen, and by that number is the cafe verified; and, on the fuppofition of its male fex, the wife takes twenty-feven shares, and each

of

of the two parents, thirty-fix; but, on the fuppofition of its female sex, the wife has twenty-four, and each of the parents, thirty-two ; and twenty-four are given to the wife, and three fhares from her allotment are referved; and from the allotment of each of the parents are reserved four shares; and thirteen shares are given to the daughter; fince the part reserved in her right is the allotment of four fons, according to ABU HANIFAH (may GOD be merciful to him!) and when the fons are four, then her allotment is one fhare and four ninths of a share out of four-and-twenty multiplied into nine, and that makes thirteen fhares; and this belongs to her, and the refidue is reserved, which amounts to an hundred and fifteen shares. If the widow bring forth one daughter or more, then all the part reserved goes to the daughters; and, if she bring forth one fon or more, then must be given to the widow and both parents what was referved from their fhares; and what remains must be divided among the children: and, if she bring forth a dead child, then must be given to the widow and both parents what was reserved from their shares, and to the daughter a complete moiety, that is, ninety-five shares more, and the remainder, which is nine shares, to the father, fince he is the refiduary.

On a Loft Perfon..

A LOST person is confidered as living in regard to his estate; so that no one can inherit from him; and his eftate is referved, until his death can be ascertained; or the term for a prefumption of it has passed over : now the traditionary opinions differ concerning that term; for, by the clearer tradition, "when, not one of his equals in age remains, judge“ment may be given of his death;" but HASAN, the son of ZIYÁD,

reports.

reports from ABU HANIFAH (may GOD be merciful to him!) that the term is an hundred and twenty years from the day on which he was born; and MUHAMMED says, an hundred and ten years; and ABU YUSUF fays, an hundred and five years; and some of them, the learned, fay, ninety years; and according to that opinion are decifions made. Some of the learned in the law fay, that the estate of a loft person must be reserved for the final regulation of the Imàm, and the judgement fufpended as to the right of another person, so that his share from the eftate of his ancestors must be kept, as in the cafe of pregnancy; and, when the term is elapsed, and judgement given of his death, then his estate goes to his heirs, who are to be found, according to the judgement on his decease; and, what was referved on his account from the estate of his ancestor, is restored to the heir of his anceftor, from whose estate that share was reserved; fince the loft perfon is dead as to the estate of another.

The principle in arranging cafes concerning a loft person is, that the cafe be arranged on a fuppofition of his life, and then arranged on a fuppofition of his death; and the rest of the operation is what we have mentioned in the chapter of pregnancy.

On an Apoftate.

WHEN an apoftate from the faith has died naturally, or been killed, or paffed into a hoftile country, and the Kádi has given judgement on his paffage thither, then what he had acquired, at the time of his being a believer, goes to his heirs, who are believers; and what he has gained fince the time of the apoftafy is placed in the publick

treasury,