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Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

Various aspects of Hanafi Fiqh are explained, e.g., zakat, ramadan, hajj, sadaqa-i fitr, Qurban(sacrifice), Iyd(Eid), nikah(marriage), death, janaza, burial, visiting graves, condolence, isqat and knowledge of faraid.

Various aspects of Hanafi Fiqh are explained, e.g., zakat, ramadan, hajj, sadaqa-i fitr, Qurban(sacrifice), Iyd(Eid), nikah(marriage), death, janaza, burial, visiting graves, condolence, isqat and knowledge of faraid.

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e 6x1/2=3, and the share of the one whose fard is sudus would be<br />

6x1/6=1, is based on [3+1=4] four on account of its being a problem<br />

of return. When there is a daughter and a son’s daughter, three<br />

shares belong to the daughter and one share belongs to the son’s<br />

daughter.<br />

A third example: If the problem of return contains the<br />

categories of nisf and thuluth or sudusân [two units of sudus] and<br />

nisf or thuluthân [two units of thuluth] and sudus, the problem is<br />

based on five instead of six. When there is one sister and two<br />

sisters uterine the basis of the problem of return becomes [3+2=5]<br />

five, three shares being given to the sister and one to the two sisters<br />

uterine.<br />

2 - When the problem of return contains the unreturned too,<br />

there are, again, two possible situations:<br />

A: When the returned have their fards in (the same) one<br />

category, either one of two cases exist(s):<br />

First case: If, after the unreturned has gotten his (or her) share,<br />

the remaining property can be divided by the number of the<br />

returned, the unreturned gets his (or her) share and the rest is<br />

divided by the number of the returned.<br />

For example, when there is a husband and three daughters, the<br />

husband gets one of the four shares and the remaining three shares<br />

are distributed to the daughters.<br />

Second case: If, after the unreturned has gotten his (or her)<br />

share, the remaining property cannot be divided by the number of<br />

the returned, the basis of the problem is found by multiplying the<br />

number of the persons returned by the denominator of the fard<br />

[share] of the unreturned.<br />

For example, when there is a husband and five daughters, the<br />

husband gets the rubu’ (one-fourth) and the remaining three<br />

shares cannot be divided between the five daughters; so the basis<br />

of the problem becomes [4x5=20] twenty, the husband gets five<br />

shares and the daughters get fifteen shares; each daughter is given<br />

three shares.<br />

B: If the returned own fards in two or three different<br />

categories, the person unreturned gets his (or her) share and the<br />

remaining property is divided like in the problem of return. Here<br />

also, there are two cases:<br />

First case: If the shares remaining from the unreturned can be<br />

divided by the basis of the problem of return, for determining the<br />

basis of the problem the least common multiple of the number of<br />

– 272 –

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