How can the poetic verse that specifies the wife's share after her husband's death be interpreted as "half if she comes with a female, and an eighth if he is from the men, and all if she comes with a deceased"?
The riddle mentioned in the two verses: "I get half if I come with a female... And I get an eighth if it is from men... And I get all if I come with a dead one... This is my story, so interpret my question" is solved by a woman owning a slave whom she freed and then married. If he dies while she is pregnant, she inherits from him as a wife and as a former owner (mu'taqa).
The three possible scenarios for the newborn: 1. If the newborn is female: The wife gets half (one-eighth by فرض (fixed share) due to the presence of a lineal descendant, and three-eighths by ta'sib (residiary share)). 2. If the newborn is male: The wife gets one-eighth (due to the presence of a lineal descendant), and the rest of the inheritance goes entirely to the son by ta'sib, as the 'asabat al-nasab (residuaries by kinship) are given precedence over the 'asabat al-wala' (residuaries by manumission). 3. If the newborn is stillborn (dead): The entire inheritance goes to the wife (one-fourth by فرض due to the absence of a lineal descendant, and the rest by ta'sib).
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- Original fatwa ID
- 34026
- Imported
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