rit; 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; 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 cafe 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 cafes; and, if the numbers agree, multiply the measure of one of the two into the whole of the other; and, if they difagree, 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 fomething from the cafe, which fuppofes a male, into that of the cafe, which supposes a female, or into its measure; and then that of him, who takes on the fuppofition of a female, into the cafe 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 lefs, that shall be given to fuch 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 diftributed among the other heirs, and let there be given to each of thofe 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-feven on the fuppofition, that it is a female: now between the two numbers of the arrangement there is an agreement in a third; and when the meafure 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 fhares, and each of the two parents, thirty-fix; but, on the fuppofition of its female fex, 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 referved four fhares; and thirteen fhares are given to the daughter; fince the part referved 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 share and four ninths of a fhare out of four-and-twenty multiplied into nine, and that makes thirteen shares; 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 reserved 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 referved from their fhares, and to the daughter a complete moiety, that is, ninetyfive fhares more, and the remainder, which is nine shares, to the father, fince he is the refiduary.

On a Loft Perfon.

;.

A LOST perfon is confidered as living in regard to his eftate; fo that no one can inherit from him; and his eftate is referved, until his death can be afcertained; 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, judgement may

"be given of his death;" but HASAN, the fon of ZIYAD, reports from ABU HANÍFAH (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 fays, an hundred and ten years; and ABU YUSUF fays, an hundred and five years; and fome 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 perfon must be referved for the final regulation of the Imam, and the judgement fufpended as to the right of another person, so that his share from the estate of his ancestors must be kept, as in the cafe of pregnancy; and, when the term is elapfed, and judgement given of his death, then his eftate goes to his heirs, who are to be found, according to the judgement on his deceafe; and, what was referved on his account from the eftate of his ancestor, is reftored to the heir of his ancestor, from whofe eftate that share was referved; fince the loft perfon is dead as to the cftate 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 reft 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, according to ABU HANÍFAH (may GOD be merciful to him!) but, according to the two lawyers (ABU YUSUF and MUHAMMED) both the acquifitions go to his believing heirs; and, according to ALSHAFII (may GOD be merciful to him!) both the acquifitions are placed in the publick treafury; and what he gained after his arrival in the hostile country, that is confifcated by the general confent; and all the property of a female apostate goes to her heirs, who are believers, without diverfity of opinion among our mafters, to whom God be merciful! but an apoftate fhall not inherit from any one, neither from a believer nor from an apoftate like himfelf, and fo a female apoftate fhall not inherit from any one; except when the people of a whole district become apoftates altogether, for then they inherit reciprocally,