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 refiduary; and, if it be by the fame mother only, diftribution is made between them by the rule, "A male has the fhare of two females," and, by the opinion of ABU YUSUF (to whom GOD be merciful!) in thirds, according to the perfons, but, by that of MUHAMMED (may GOD be merciful to him!) in moieties according to the roots; and, if they be equal in proximity, and there be no child of a refiduary among them, or if all of them be children of refiduaries, or if fome of them be children of refiduaries, and fome of them children of thofe entitled to fhares, and their relation differ, then ABU YUSUF (to whom GOD be merciful!) confiders the strongest in confanguinity; but MUHAMMED (may GOD be merciful to him!) divides the property among the brothers and fifters in moieties, confidering as well the number of the branches, as the fides in the roots; and what has been allotted to each fet is diftributed among their branches, as in the first class; thus, if a man leave the daughter of the daughter of a fifter by the fame father and mother, fhe is preferred to the fon of the daughter of a brother by the fame father only, accord ing to ABU YUSUF (to whom GOD be merciful!) by reafon of the ftrength of relation; but, according to MUHAMMED (may God be merciful to him!) the property is divided between them both in moieties by confideration of the roots. So, when a man leaves three daughters of different brothers, and three fons and three daughters of different fifters, as in this figure: The Deceased. Sifter Sifter_Sifter Brother_Brother_Brother by the fame Mother--Father--Father--Mother-Father--Father and Mother and Mother Son Son Son Daughter Daughter Daughter Daughter Daughter Daughter. In this cafe, according to ABU YUSUF, the property is divided among the branches of the whole blood, then among the branches by the fame father, then among the branches by the fame mother, according to the rule, "the male has the allotment of two females," in fourths, by confidering the perfons; but, according to MUHAMMED (to whom GOD be merciful!) a third of the estate is divided equally among the branches by the fame mother, in thirds, by confidering the equality of their roots in the divifion of the parents, and the remainder among the branches of the whole blood in moieties, by confidering in the roots the number of the branches; one half to the daughter of the brother, the portion of the father, and the other between the children of the fifter, the male having the allotment of two females, by confidering the perfons; and the estate is correctly divided by nine. If a man leave three daughters of different brothers' fons, in this manner: all the property goes to the daughter of the fon of the brother by the fame father and mother, by the unanimous opinion of the learned, fince she is the child of a residuary, and hath also the strength of confanguinity. On the Fourth Class. THE rule as to them is, that, when there is only one of them, he has a right to the whole property, fince there is none to obftruct him; and, when there are feveral, and the fides of their relation are the fame, as paternal aunts and paternal uncles by the fame mother with the father, or maternal uncles and aunts, then the ftronger of them in confanguinity is preferred, by the general affent ;'I mean, they, who are related by father and mother, are preferred to thofe, who are related by the father only, and they, who are related by the father, are preferred to those, who are related by the mother only, whether they be males or females; and, if there be males and females, and their relation be equal, then the male has the allotment of two females; as, if there be a paternal uncle and aunt both by one mother, or a maternal uncle and aunt, both by the same father and mother, or by the fame father, or by the fame mother only: and if the fides of their confanguinity be different, then no regard is shown to the ftrength of relation; as, if there be a paternal aunt by the fame father and mother, and a maternal aunt by the fame mother, or a maternal aunt by the fame father and mother, and a paternal aunt by the fame mother only, then two thirds go to the kindred of the father, for they are the father's allotment, and one third to the kindred of the mother, for that is the mother's allotment; then what is allotted to each fet is divided among them, as if the place of their confanguinity were the fame. On their Children, and the Rules concerning them. THE rule as to them is like the rule concerning the first class; I mean, that the best entitled of them to the fucceffion is the neareft of them to the deceased on whichever fide he is related; and, if they be equal in relation, and the place of their confanguinity be the fame, then he, who has the strength of blood, is preferred, by the general affent; and, if they be equal in degree and in blood, and the place of their confanguinity be the fame, then the child of a refiduary is preferred to whoever is not fuch; as, if a man leave the daughter of a paternal uncle, and the fon of a paternal aunt, both of them by the fame father and mother, or by the fame father, all the property goes to the daughter of the paternal uncle; and, if one of them be by the fame father and mother, and the other by the fame father only, then all the eftate goes to the claimant, who has the strength of confanguinity, according to the clearer tradition; and this by analogy to the maternal aunt by the fame father, for though the be the child of a distant kinsman, yet she is preferred, by the ftrength of confanguinity, to the maternal aunt by the fame mother only, though the be the child of an heir; fince the weight which prevails by itself, that |