5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

thuluth, this problem of return is based on three; so the sisters
are given two shares and the mother is given one share.
A second example: If the problem of return contains the
categories of nisf and sudus, the problem will be 6x1/2=3, and
the share of the one whose fard is sudus will be 6x1/6=1. But
the problem of return is based on [3+1=4] four. When there is a
daughter and a son’s daughter, three shares belong to the
daughter and one share belongs to the son’s daughter.
A third example: If the problem of return contains the
categories of nisf and thuluth or sudusân [two units of sudus]
and nisf or thuluthân [two units of thuluth] and sudus, the
problem is based on five instead of six. When there is one sister
and two sisters uterine the basis of the problem of return
becomes [3+2=5] five, three shares being given to the sister
and one to the two sisters uterine.
2 - When the problem of return contains the unreturned too,
there are, again, two possible situations:
A: When the returned have their fards in (the same) one
category, two cases exist:
First case: If, after the unreturned has gotten his (or her)
share, the remaining property can be divided by the number of
the returned, the unreturned gets his (or her) share and the rest
is divided by the number of the returned.
For example, when there is a husband and three daughters,
the husband gets one of the four shares and the remaining
three shares are distributed to the daughters.
Second case: If, after the unreturned has gotten his (or her)
share, the remaining property cannot be divided by the number
of the returned, the basis of the problem is found by multiplying
the number of the persons returned by the denominator of the
fard [share] of the unreturned.
For example, when there is a husband and five daughters,
the husband gets the rubu’ (one-fourth) and the remaining three
shares cannot be divided between the five daughters; so the
basis of the problem becomes [4x5=20] twenty, the husband
gets five shares and the daughters get fifteen shares; each
daughter is given three shares.
B: If the returned own fards in two or three different
categories, the person unreturned gets his (or her) share and
the remaining property is divided like in the problem of return.
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