fhare, and the hermaphrodite three fourths of a fhare, fince the hermaphrodite would be entitled to a share, if he were a male, and to half a share, if he were a female, and this is fettled by his taking half the fum of the two portions; or, we may fay, he takes the moiety which is afcertained, together with half the moiety which is disputed, fo that there come to him three fourths of a fhare; for he (ABU YUSUF) pays attention to the legal fhare and to the increafe, and he verifies the cafe by nine: or, we may fay, the fon has two shares, and the daughter one fhare, and the hermaphrodite a moiety of the two allotments, and that is a fhare and half a share: But MUHAMMED (may GOD be merciful to him!) fays, that the hermaphrodite would take two fifths of the eftate, if he were a male, and a fourth of the eftate, if he were a female, and that he takes a moiety of the two allotments, and that will give him one fifth and an eighth by attention to both fexes; and the cafe is rectified by forty; fince that is the product of one of the numbers in the two cafes, which is four, multiplied into the other, which is five, and that product multiplied by two (which is the number of the cafes; and then he, who takes any thing by five, has it multiplied into four, and he, who takes any thing by four, bas it multiplied into

five; fo that thirteen fhares go to the hermaphrodite, and eighteen to the fon, and nine to the daughter.

On Pregnancy.

THE longest time of pregnancy is two years, according to ABU HANIFAH (may GOD be merciful to him!) and his companions; and according to LAITH, the fon of SAD ALFAHMI (may GOD be merciful to him!) three years; and, according to ALSHÁFIÎ (may GOD be merciful to him!) four years: but according to ALZUHRI (may GOD be merciful to him!) feven years and the fhortest time for it is fix months. There is referved for the child in the womb, according to ABU HANIFAH (may GOD be merciful to him!) the portion of four fons, or the portion of four daughters, whichever of the two is moft; and there is given to the rest of the heirs the smallest of the portions; but, according to MUHAMMED (may GOD be merciful to him!) there is referved the portion of three fons or of three daughters, whichever of the two is moft: LAITH, fon of SÂD, (may GOD be gracious to him!) reports this opinion from him; but, by another report, there is referved the portion of two fons; and one of

the two opinions is that of ABU YUSUF (may GOD be merciful to him!) as HISHÁM reports it from him; but ALKHAS'S'AF reports from ABU YUSUF (may GOD be merciful to him!) that there should be reserved the share of one fon or of one daughter; and, according to this, decifions are made; and fecurity must be taken, according to his opinion. And, if the pregnancy was by the deceased, and the widow produce a child at the full time of the longeft period allowed for pregnancy, or within it, and the woman hath not confeffed her having broken her legal term of abftinence, that child fhall inherit, and others may inherit from him; but, if she produce a child after the longest time of geftation, he shall not inherit, nor fhall others inherit from him: and if the pregnancy was from another man than the deceased, and fhe, the kinfwoman, produce a child in fix months or lefs, he fhall inherit; but, if the produce the child after the leaft period of geftation, he shall not inherit.

Now the way of knowing the life of the child at the time of its birth, is, that there be found in him that, by which life is proved; as a voice, or fneezing, or weeping, or fmiling, or moving a limb; and, if the smallest part of the child come out, and he then die, he fhall not inhe

rit; but if the greater part of him come out, and then he die, he fhall inherit: and, if he come out straight (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 first) then his navel is confidered.

The chief rule in arranging cafes on pregnancy is, that the cafe be arranged by two fuppositions, 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 disagree, 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 case, which fuppofes a female, or into its measure; and then that of him, who takes on the suppofition 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 less, 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 distributed 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 supposition, that it is a female: now between the two numbers of the arrangement there is an agreement in a third; and when the measure 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 sex, the wife takes twenty-feven shares, 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 shares are given to the daughter; fince the part reserved in her right is the allotment of four fons, according to ABU HANIFAH (may GOD be