merciful to him!) and when the fons are four, then her allotment is one fhare and four ninths of a fhare out of four-and-twenty multiplied into nine, and that makes thirteen fhares; and this belongs to her, and the refidue is reserved, which amounts to an hundred and fifteen fhares. If the widow bring forth one daughter or more, then all the part referved goes to the daughters; and, if the bring forth one fon or more, then must be given to the widow and both parents what was referved 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 fhares, 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 paffed 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 HANIFAH (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 person must be reserved for the final regulation of the Imam, and the judgement fufpended as to the right of another person, so that his share from the eftate 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 decease; and, what was reserved on his account from the eftate of his ancestor, is reftored to the heir of his ancestor, from whofe cftate that share was referved; fince the loft perfon is dead as to the estate of another.

The principle in arranging cafes concerning a loft perfon 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.

b

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 since 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 acquisitions 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 hoftile country, that is confifcated by the general confent; and all the property of a female apoftate goes to her heirs, who are believers, without diverfity of opinion among our masters, to whom God be merciful! but an apoftate fhall not inherit from any one, neither from a believer nor from an apostate like himself, and so 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,

On a Captive.

THE rule concerning a captive is like the rule of other believers in regard to inheritance, as long as he has not departed from the faith; but, if he has departed from the faith, then the rule concerning him is the rule concerning an apoftate; but, if his apoftafy be not known, por his life nor his death, then the rule concerning him is the rule concerning a loft person.

On Perfons drowned, or burned, or overwhelmed in Ruins.

WHEN a company of persons die, and it is not known which of them died first, they are confidered, as if they had died at the fame moment; and the estate of each of them goes to his heirs, who are living; and fome of the deceased shall not inherit from others: this is the approved opinion. But ÂLÍ and IBNU MASÛÚD fay, according to one of the traditions from them, that fome of them fhall inherit from others, except in what each of them has inherited from the companion of his fate.

COMMENTARY

ON

THE SIRÁJIYYAH.

IN our administration of justice to Mohammedans according to their own laws, it will be of no ufe to inquire, what their legiflator meant by declaring, that the law of inheritances conftituted one half of juridical knowledge*: if he intended any thing more than a strong affertion of its importance, he probably had in contemplation the two general modes of acquiring property, contracts and fucceffion, or the agreement of parties and the operation of law; and this explanation of the phrafe, which had occurred to me on my first perusal of it, is also suggested by Sayyad SHARÍF, together with a more fanciful interpretation, which Maulavi KASIM has adopted, that, life and death being incident to our probationary ftate in this world, and the