អ៊ុមដាតុល រីអាយ៉ះ (ការពន្យល់ក្បួនច្បាប់វីកាយ៉ះ ហាណាហ្វី)

(If he has two uncles[(1)] and two maternal uncles, then it belongs to his two paternal uncles(2). This is (3) according to Abu Hanifa - may God be pleased with him - and they said: It should be divided among them into quarters, not considering kinship. (And in an uncle...(4) and two uncles[(5)] half between him and them. Because if the smallest plural is two, then one half gets the other half (6), so it goes to the two empty-nesters[(7)], and in both of them: it is divided into thirds among them.

(And there is an uncle who has half) [(1)]: That is, he made a bequest to relatives, and he has one uncle who has half, as we mentioned above. (And the paternal uncle and aunt are the same [(2)] in it (3), ... (4).

And in (1) Zaid’s son[(2)] male and female are equal (3). Among his heirs [(4)] there are two males and two females (5); Because he considered inheritance (6), and this ruling on inheritance.

(And among the orphans of his sons[(1)](1), and their blind, and their widows, and their widows, the income of the poor and the rich, and their male and female if they are counted(2), otherwise for the poor [among them](3)), he will make a will for the orphans(4) of the Banu Zayd, or (5) their blind... etc. If they are a people who are counted(6)[(7)] the income of the poor and the rich, then it will be their property, even if they are A people (8) who cannot be counted. It is not (9) their property, but rather it is intended for kinship (10), which is to meet the need, so it is given to the poor among them: that is, (11) the poor orphans of Banu Zayd, or the poor of their blind people, and the same goes for the rest.

(And among the children of so-and-so [(1)] is the female among them (2).

The will was invalidated to his masters (1) regarding those freed and freed; Because the word (2) is common [(3)](4), and it has no generality, and there is no evidence indicating (5) one of them, and in some of Al-Shafi’i’s books (6) - may God be pleased with him - that the will is for everyone [(7)].

[Chapter...(8) The Will for Residence and Service][(9)](10) (A will is valid[(1)] with the service of his servant, and the habitation of his house(2) for a specified period and eternity, and for their mule(4)[(5)], and if the neck[(6)] comes out of a third, it will be handed over to him as hers): that is, to the legatee for the sake of the will. (Otherwise[(7)] divide(8) the house into thirds and he will arrange The slave (9): That is, he divides the house and delivers (1) to the legatee an amount of a third of the money to live in. The slave serves the legatee to the extent that the will is valid, and serves the heirs to the extent that it is not valid (2). (And upon his death [(3)] during the life of the testator, it becomes invalid, and (4) after his death it returns to the heirs): That is, with the death of (5) the legatee after the death of his testator, it returns (6) to the heirs of the testator; Because he recommended that the legatee benefit from the property of the testator, so if the legatee dies, it returns to the heirs of the testator by virtue of ownership. (And with the fruit of his garden, if he dies and there is only this fruit for him): that is, for the bequest, the fruit that exists at the time of the death of the testator, not (7) what happens [after him] (8), (and if he joins forever, then he has these and what happens as in the yield of his garden): that is, he bequeathed the crop of his garden whether he joined [(9)] the word forever or not, then he has these and what happens.

(And with the wool of his sheep, and its offspring, and its milk, he has what at the time of his death is added to ever or not), and the difference between the fruit, the yield, and the wool: the yield is applied to what is present, and to what is found again and again, and the fruit and the wool are only applied to what is present, except that if it is joined to ever, it becomes a conjecture indicating the consumption of the non-existent, so (1) is valid in the case of the fruit without the wool; Because the contract for non-existent fruit is valid according to Islamic law [(2)] like Musaqat, but not for wool, children, and the like.

(And inherited (1) a pledge of allegiance and a church [(2)] that made (3) healthy. Because this is in the status of an endowment according to Abu Hanifa - may God be pleased with him -, and the endowment is inherited [(4)] according to him (5), but as for them: [No; Because] (6) this is a sin and is not valid.

(And the commandment (1) to make (2) one of them named a people, or it is not valid (3)). If a Jew or Christian recommends that a people be named a group or church, it is valid, and for an unnamed people (4) it is valid (5) [(6)] according to Abu Hanifa - may God be pleased with him - but not with them [(7)], then (8) the commandment to disobey is not valid, for him: it is closeness in their belief, and they are abandoned (9) as they are. They condemn.

([Like the will of a trustworthy person who has no heir here[(1)](2) with all his money to a Muslim or a non-Muslim](3)). The will with all the money is not valid. (4) It belongs to the heirs. As for the trustworthy person, his heirs are in the land of war, and they are in the same state as dead, so there is no impediment to its validity. [And God knows best] (5). Chapter on the guardian [(6)] It is said: He bequeathed to so-and-so: that is, he entrusted him to dispose of his money after his death, and the name of it is the guardianship by kasra and fatha, and the person delegated to him is the guardian.

(And whoever makes a will to Zaid, and it is accepted from him, if it is rejected by him, it will be rejected [(1)], otherwise not (2)). Rather, it is not valid to return it in his absence; Because he relied on him since he accepted him [in his presence](3), and if the refutation is valid in his absence(4) then deception is required, (and if he remains silent[(5)] and his testator dies, he has the right to refute it and its opposite): i.e. acceptance. (It is necessary to sell something from the estate, even if one is unaware of it): that is, by means of a will. If the executor sells something [from the estate without knowledge of the will, he executes the sale[(6)] unlike the agent if he sells something](7) without knowledge of the power of attorney.

(If it is returned after his death and then accepted, it is valid unless a judge implements its return), since (1) once returned [(2)] the guardianship is not invalidated; Because invalidating it would cause harm to the dead person (3) unless this is confirmed by the judge’s ruling.

(And to a slave[(4)] or an infidel or a sinner, the judge replaced him with someone else[(5)))(1), it was said: The guardianship is valid, but it is invalidated by the judge’s expulsion, and it was said: In the case of a slave, it is invalid and in someone else it is valid, and it was said: In the case of an infidel, it is invalid; Because he does not have guardianship over a Muslim, and in other cases it is valid.

(And to his servant it is valid if his heirs are minors, otherwise not). This is according to Abu Hanifa - may God be pleased with him - and they said: It is not valid (2) even if the heirs are minors, and this is the analogy (3) [(4)]; Because it is the heart of the project, for him [(5)]: His slave has compassion (6) that no one else has, and the minors, even if they are owners, do not have the authority to prevent, so there is no contradiction other than if some are adults, since they have the right to prohibit and sell their share of this slave[(1)]. (And if (2) is unable to do it, someone else is added to him): that is, the judge will join someone else to him[(3)], (and he remains trustworthy and able): that is, if the guardian is trustworthy and able to act, the judge may not remove him, but rather he must remain [(4)](5).

(And to two people, one of whom is not alone except by purchasing his shroud, preparing him[(2)], disputing his rights[(3)], paying off his debt and his request, purchasing the child’s needs[(4)], seeking care for him(5)[(6)], and emancipating a particular slave: that is, if he has bequeathed the emancipation of a specific slave, then one of the (7) guardians has the right to emancipate him; Because there is no need for an opinion other than the emancipation of a non-specific slave (8).

(Returning a deposit, executing a specific will[(1)], collecting lost money[(2)], and selling what is feared to be destroyed). Some of these matters (3) do not require an opinion, and some of them are matters that (4) are harmful to stop, so meeting is not required, and meeting in a dispute is riot. This is the saying of Abu Hanifa - may God be pleased with him - and Muhammad - may God be pleased with him -, and according to Abu Yusuf - may God be pleased with him - each is unique in disposing of all things.

(And the legatee [(1)] bequeathed to him his own property[(2)] or the property of his legatee and appointed a legatee in both of them(3)[(4)].

The legatee’s division of the estate on behalf of the heirs with the legatee is valid [(1)], and it is not (2) returned to him (3) if their share with him is lost: that is, the legatee’s division of the estate with the legatee on behalf of the absent minor or adult heirs is valid (4), even if the legatee receives the heirs’ share and it is lost in his possession, the heirs (5) [(6)] have no recourse against the legatee for anything.

(And dividing it from the legatee with them is not, so he returns with a third of what remains): That is, dividing the legatee from the absent legatee with the adult heirs present is not valid. If the share of the legatee who was absent was received, and it died in his possession, the legatee takes back a third of what remains. As for the legatee who is present, the legatee receives his share if it is with his permission. He is an agent on behalf of the legatee to take possession, so he does not have the right to return, and if it is not with his permission, he has the right to return.