the fame father and mother, they have a fixth, as the complement of two thirds; but they have no inheritance with two fifters by the fame father and mother, unless there be with them a brother by the fame father, who makes them refiduaries; and then the refidue is diftributed among them by the facred rule "to the male "what is equal to the fhare of two females.' The fixth cafe is, where they are residuaries with daughters or with fon's daughters, as we have before stated it.

Brothers and fifters by the fame father and mother, and by the fame father only, are all excluded by the fon and the fon's fon, in how low a degree foever, and by the father also, as it is agreed among the learned, and even by the grandfather according to ABU HANIFAH, on whom be the mercy of ALMIGHTY GOD! And thofe of the half-blood are alfo excluded by the brothers of the whole blood.

The mother takes in three cafes: a fixth with a child, or a fon's child, even in the lowest degree, or with two brothers and fifters or more, by whichever fide they are related; and a third of the whole on failure of those just-mentioned; and a third of the refidue after the fhare of the hufband or wife; and this in two cafes, either when there are the hufband and both parents, or the wife and both parents: if there be a

grandfather inftead of a father, then the mother takes a third of the whole property, though not by the opinion of ABU YUSUF, on whom be GOD's mercy! for he fays, that in this cafe alfo she has only a third of the residue. The grandmother has a fixth, whether the be by the father or by the mother, whether alone or with. more, if they be true grandmothers and equal in degree; but they are all excluded by the mother, and the paternal female ancestors alfo by the father; and in like manner, by the grandfather, except the father's mother, even in the highest degree; for fhe takes with the grandfather, since she is not related through him. The nearest grandmother, or female ancestor, on either fide, excludes the more distant grandmother, on whichever fide fhe be; whether the nearer grandmother be entitled to a fhare of the inheritance, or be herself excluded. When a grandmother has but one relation, as the father's mother's mother, and another has two fuch 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, respect 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 refiduary in his own right, the refiduary in another's right, and the residuary together with another. Now the refiduary in his own right is every male, in whofe 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 neareft 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 firft; 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 offfpring of his grandfather, or his uncles: then their fons, how low foever. Then the strength

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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, kinfmen by the fame father " and mother shall inherit before kinfmen 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 the become a refiduary with the daughter, is preferred to a brother by the father only; and the son of a brother by the same 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 refiduaries 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 cafes; but he who has no fhare among females, and whofe brother is the heir, doth not become a refiduary in his right; as in the cafe 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 residuary 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 mafter bears a relation like "that of confanguinity;" but females have nothing among the heirs of a manumittor, according to the faying 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, or they have promised manumiffion after their death, or "their promisee has promifed it after his death, <c or unless their freedman or freedman's freed"man draw a relation to them."

If the freedman leave the father and fon of his manumittor, then a fixth of the right over the property of the freedman vests in the father, and the refidue in the fon, according to ABU YUSUF; but, according to both ABU HANIFAH and MUHAMMED, the whole right vefts in the fon; and, if a fon 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