kinfman in a prohibited degree, he manumits him, and his right vefts in him; as if there be three daughters, the youngest of whom has twenty dinars, and the eldeft, 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 settled by dividing the whole into forty-five parts.

On Exclufion.

EXCLUSION is of two forts: 1. Imperfect, or an exclufion from one fhare, and an admiffion to another; and this takes place in refpect of five perfons, the husband or wife, the mother, the fon's daughter, and the fifter by the fame father; and an explanation of it has preceded. 2. Perfect exclufion: there are two fets of perfons having a claim to the inheritance: one of which fets is not excluded entirely in any cafe; and they are fix perfons, the fon, the father, the husband, the daughter, the mother, and the wife; but the other fet inherit in one cafe and in another cafe VOL. VI.

are excluded. This is grounded on two principles; one of which is, that "whoever is related "to the deceased through any person, 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; since she has no title to the whole inheritance: the second principle is, "that the nearest of blood must take," and who the nearest is, we have explained in the chapter on residuaries. A perfon 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 flave. 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 deceafed, yet they drive the mother from a third to a fixth.

On the Divifors of Shares.

KNOW, that the fix fhares 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 fecond fort are two thirds, a third, and a fixth, as the fractions are halved and

doubled. Now, when any of these shares occur in cafes fingly, the divifor 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 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 fecond fort or with fome of them, then the division of the estate must be by fix; when a fourth is mixed with all of the fecond 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.

ÂUL, or increase, is, when some fraction remains above the regular divifor, or when the divifor is too fmall to admit one fhare. 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 increafe. The divifor, fix, is, therefore, increased by the aul 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 twenty-feven by one increase only; as in the cafe, called Mimberiyya (or a cafe anfwered 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 increafe, except according to IBN MASUUD (may GOD be gracious to him!) for, in his opinion, the divifor twentyfour may be raised to thirty-one; as if a man leave a wife, his mother, two fifters by the same parents, two fifters by the fame mother only, and a fon rendered incapable inheriting.

On the Equality, Proportion, Agreement, and Difference of two Numbers.

THE temáthul of two numbers is the equality of one to the other; the tedákhul is, when the fmaller of two numbers exactly measures the larger, or exhaufts it; or we call it tedákbul, when the larger of two numbers is divided ex

actly by the smaller; or we may define it thus, when the larger exceeds the fmaller by one number or more equal to it, or equal to the larger; or it is, when the smaller is an aliquot part of the larger, as three of nine. The tawáfuk, or agreement, of two numbers is, where the smaller does not exactly measure the larger, but a third number measures them both, as eight and twenty, each of which is measured by four, and they agree in a fourth; fince the number measuring them is the denominator of a fraction common to both. The tabȧyun of two numbers is, when no third number whatever measures the two difcordant numbers, as nine and ten. Now the way of knowing the agreement or disagreement between two different quantities is, that the greater be diminished by the smaller quantity on both sides, once or oftener, until they agree in one point; and if they agree in unit only, there is no numerical agreement between them; but, if they agree in any number, then they are (faid to be) mutawáfik in a fraction, of which that number is the denominator; if two, in half; if three, in a third; if four, in a quarter; and so on, as far as ten; and, above ten, they agree in a fraction; I mean, if the number be eleven, the fraction of eleven, and, if it be fifteen, by the fraction of fifteen. Pay attention to this rule.