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 fhe 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 obstruct 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 those, who are related by the father only, and they, who are related by the father, are preferred to thofe, 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 strength 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 same.

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 nearest 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 ftrength 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 jame 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 ftrength of confanguinity, according to the clearer tradition; and this by analogy. to the maternal aunt by the fame father, for though she be the child of a distant kinsman, yet fhe 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

is, the ftrength of confanguinity, is greater than the weight by another, which is the descent from an heir. Some of them (the learned) say, that the whole estate goes to the daughter of the paternal uncle by the fame father, fince she is the daughter of a refiduary; and, if they be equal in degree, yet the place of their relation differ, they have no regard shown to the ftrength of confanguinity, nor to the descent from a refiduary, according to the clearer tradition; by analogy to the paternal aunt by the fame father and mother, for though fhe have two bloods, and be the child of an heir on both fides, and her mother be entitled to a legal fhare, yet fhe is not preferred to the maternal aunt by the fame father; but two thirds go to whoever is related by the father; and their regard is fhown to the ftrength of blood; then to the defcent from a refiduary; and one third goes to whoever is related by the mother, and there too regard is shown to strength of confanguinity: then, according to ABU YUSUF (may GOD be merciful to him!) what belongs to each fet is divided among the perfons of their branches, with attention to the number of fides in the branches; and, according to MUHAMMED (may GOD be merciful to him!) the property is distributed by the first line, that differs, with attention to the number of the branches and of the fides in

the roots, as in the firft clafs; then this rule is applied to the fides of the paternal uncles of his parents and their maternal uncles; then to their children; then to the fide of the paternal uncles of the parents of his parents, and to their maternal uncles; then to their children, as in the cafe of refiduaries.

On Hermaphrodites.

To the hermaphrodite, whofe fex is quite doubtful, is allotted the smaller of two shares, I mean the worse of two conditions, according to ABU HANIFAH (may GOD be merciful to him!) and his friends, and this is the doctrine of the generality of the Prophet's companions (may GOD be gracious to them!) and conformable to it are decisions given; as, when a man leaves a fon, and a daughter, and an hermaphrodite, then the hermaphrodite has the fhare of a daughter, fince that is afcertained: and, according to ÂAMIR ALSHÂBI (and this is the opinion of IBNU ÂBBÁS, may GOD be gracious to them both!) the hermaphrodite has a moiety of the two fhares in the controverfy; but the two great lawyers differ in putting in practice the doctrine of ALSHÂBI: for ABU YUSUF fays, that the fon has one share, and the daughter half a