The Epistle on Legal Theory

Chapter on What Is Revealed as Unrestricted and Which Prophetic Practice in Particular Indicated Is Intended as Restricted

٥٧ 57 Chapter on What Is Revealed as Unrestricted and Which Prophetic Practice in Particular Indicated Is Intended as Restricted God (sublime His praise) said: «To each of his parents one-sixth of what he leaves, if he has a child; but if he does not have a child and his heir is his father, his mother gets a third; but if he has brothers, his mother gets a sixth.»98 He also said: «To you is half of what your wives leave, if they have no child; but if they have a child, you get a quarter of what they leave, after any bequest they may have made or any debt. They get a quarter of what you leave, if you have no child; but if you do have a child they receive one-eighth of what you leave after any bequest you may have made or any debt. If a man, or a woman, has no direct heir, but has a brother or sister, each of the two gets a sixth. If there are more than that, they share in a third after any bequest he may have made or any debt that is not prejudicial. This is a charge from God. God is Knowing and Prudent.»99 He stated that parents and spouses take what is named in those situations. This is an unrestricted expression. The Practice of God’s Emissary indicates, however, that He only meant certain parents, children, and spouses, and not others. That is, He meant that the religion of the parents and their children, and of the spouses, be the same as that of the deceased, and that the heir who is a parent or spouse not be the killer of the deceased and not a slave. He said:«after any bequest he may have made or any debt.»100 The Prophet stated that bequests were restricted to one-third of the estate and no more, and that the heirs101 take the remaining two-thirds. He further stated that debts should be satisfied before bequests and inheritance shares, and that there should be no bequest and no inheritance until the creditors’ debts are satisfied . If not for the indication from the Prophet’s Practice, and then people’s consensus,102 inheritance shares would not be distributed after testamentary bequests or satisfaction of debts, and the testamentary bequest would either be given priority over debts or have equal priority with them. 90 91 ٥٨ 58  j a9 : ~c  žŸ"
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