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المُشَرَّكَةُ

Root: شرك

Full Definition

المُشَرَّكَةُ , or المَسْأَلَةُ المَشَرَّكَةُ, for المُشَرَّكُ فِيهَا, is That [assigned portion of inheritance, or the question relating thereto (المَسْأَلَةُ المُشَرَّكَةُ being for مَسْأَلَةُ الفَرِيضَةِ المُشَرَّكَةِ),] in which the brothers by the mother's side [only] and those by [both] the father's and the mother's sides are made to share together; also called المُشَرِّكَةُ [that makes to share], tropically; and called also [for المُشْتَرَكُ فِيهَا i. e. that is shared in]: this is the case of a husband and a mother and brothers by the mother's side and brothers by the father's and mother's sides: for the wife is half; and for the mother, a sixth; and for the brothers by the mother's side, a third, and the brothers by the father's and mother's sides share with them: 'Omar decided in a case of this kind by assigning the third to two brothers by the mother's side, and not assigning anything to the brothers by the father's and mother's sides; whereupon they said, يَا أَمِيرَ المُؤْمِنِينَ هَبْ أَنَّ أَبَانَا كَانَ حِمَارًا فَأَشْرِكْنَا بِقَرَابَةِ أُمَّنَا [O Prince of the Believers, suppose that our father was an ass, and make us to share by reason of the relationship of our mother]: so he made them to share together (فَأَشْرَكَ بَيْنَهُمْ [thus in the O and K, but correctly فَشَرَّكَ بينهم, or, as afterwards in the TA, فَشَرَّكَهُمْ]): therefore it (i. e. the فَرِيضَة, TA) was called مُشَرَّكَة [and مُشَرِّكَة] and مُشْتَرَكَة, [in the CK, erroneously, مُشْرَكَة,] and also حِمَارِيَّة: and it is also called حَجَرِيَّة, because it is related that they said, هَبْ أَنَّ أَبَانَا كَانَ حَجَرًا مُلْقًى فِى اليَمِّ [suppose that our father was a stone thrown into the sea]; and [therefore] some called it يَمِّيَّة: and it was called also عُمَرِيَّة.
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