the father takes one as his legal share, and the two daughters four. The surplus share reverts to the father.

62. Where there are two claimants, the share of one A third and two-thirds. of whom is one-third, and of the other two-thirds; as in the case of a mother and two sisters, the property is made into three parts, of which the mother takes one and the two sisters two.

third and two

63. No case can occur of three claimants, the one A sixth a entitled to one-sixth, the other to one-third, and the other thirds cannot to two-thirds.

occur toge, ther.

64. Where a husband inherits from his childless wife, A half with a sixth a third (his share in this case being one-half), and there are or two-thirds. other claimants entitled to a sixth, a third, or two-thirds, such as a father, a mother, or two sisters, the division must be by six.

65. Where a husband inherits from his wife who A fourth with leaves children, or a wife from her childless husband (the third or twoa sixth, a shares of these persons respectively in these cases being thirds. one-fourth), and there are other claimants entitled to one-sixth, one-third, or two-thirds, the division must be by twelve.

with a sixth a

66. Where a wife inherits from her husband, leaving An eighth children, her share in that case being one-eighth, and third or twothere are other claimants entitled to one-sixth, one-thirds. third, or two-thirds, the division must be by twenty-four.

67. Where six is the number of shares into which it of the enis proper to distribute the estate, but that number does crease of six. not suit to satisfy all the sharers without a fraction, it may be increased to seven, eight, nine, or ten.

Of twelve.

Of twentybur.

Equal numbers.

Concordant.

Composit.

Prime.

Principles of distribution.

First principle.

68. Where twelve is the number, and it does not suit, it may be increased to thirteen, fifteen, or seventeen.

69. Where twenty-four is the number, and it does not suit, it may be increased to twenty-seven.

SECTION V.

Rules of distribution among numerous claimants. 70. Numbers are said to be mootumasil, or equal, where they exactly agree.

71. They are said to be mootudakhil, or concordant, where the one number being multiplied, exactly measures the other.

72. They are said to be mootuwafiq, or composit, where a third number measures them both.

73. They are said to be mootubayun, or prime, where no third number measures them both.

74. There are seven rules of distribution, the first three of which depend upon a comparison between the number of the heirs and the number of the shares; and the four remaining ones upon a comparison of the numbers of the different sets of heirs, after a comparison of the number of each set of heirs with their respective shares.

75. The first is when, on a comparison of the number of the heirs and the number of shares, it appears that they exactly agree, there is no occasion for any arithmetical process. Thus, where the heirs are a father, a `mother, and two daughters, the share of the parents is one-sixth each, and that of the daughters two-thirds. Here, according to principle 61, the division must be

by six; of which each parent takes one, and the remaining four go to the two daughters.

76. The second is when, on a comparison of the num- Second principle. ber of the heirs and the number of shares, it appears that the heirs cannot get their portions without a fraction, and that some third number measures them both, when they are termed mootuwafiq, or composit; as in the case of a father, a mother, and ten daughters. Here according to principle 61, the division must be by six. But when each parent has taken a sixth, there remain only four to be distributed among the ten daughters, which cannot be done without a fraction; and on a comparison of the number of heirs who cannot get their portions without a fraction, and the number of shares remaining for them, they appear to be composit, or agree in two. In this case the rule is, that half the number of such heirs, which is 5, must be multiplied into the number of the original division 6: thus 5 X 6=30; of which the parents take ten or five each, and the daughters twenty or two each.

77. The third is when, on a comparison of the number Third principle. of the heirs and the number of shares, it appears that the heirs cannot get their portions without a fraction, and that there is one over and above between the number of such heirs, and the number of shares remaining for them. This is termed mootubayun, or prime, as in the case of a father, a mother, and five daughters. Here also according to principle 61 above quoted, the division must be by six. But when each parent has taken a sixth, there remain only four to be distributed among the five daughters, which cannot be done without a fraction, and on a comparison of the number of heirs who cannot get their portions without a fraction, and the number of shares remaining for them, they appear to

Fourth prin ciple.

be mootubayun, or prime. In this case the rule is, that the whole number of such heirs, which is five, must be multiplied into the number of the original division. Thus 5×6=30; of which the parents take ten or five each, and the daughters twenty or four each.

78. The fourth is when, on a comparison of the dif ferent sets of heirs, it appears that one or more sets cannot get their portions without a fraction, and that all the sets are mootumasil, or equal, as in the case of six daughters, three grandmothers, and three paternal uncles; in which case according to principle 61, the division must be by six. Here in the first instance, a comparison must be made between the several sets and their respective shares. The share of the daughters is twothirds, but two-thirds of six is 4, and 4 compared with the number of daughters 6, is mootuwafiq, or composit, agreeing in two. The share of the three grandmothers is one-sixth, but one-sixth of six is 1, and 1 compared with the number of grandmothers is mootubayun, or prime. The remaining share which is one, will devolve on the three paternal uncles; but one compared with three is also mootubayun, or prime.

Then the rule is, that the sets of heirs themselves must be compared with each other, by the whole where it appears that they were mootudakhil, or concordant; or mootubayun, or prime; and by the measure where it appears that they were mootuwafiq, or composit, and if agreeing in two by half. In the instance of the daughters, the result of the former comparison was, that they agreed in two; consequently the half of their number must be compared with the whole number of the grandmothers and of the uncles, in whose cases the comparison showed a prime result. Thus 3=3 and 3=3, which being mootumasil, or equal, the rule is, that one of the numbers be multiplied into the number of the original

division. Thus 3×6=18, of which the daughters will take (two-thirds) twelve, or two each; the grandmothers will take (a sixth) three, or one each, and the paternal uncles will take the remaining three or one each.

79. The fifth is when, on a comparison of the different Fifth princi ple. sets of heirs, it appears that one or more sets cannot , get their portions without a fraction, and that the sets are mootudakhil, or concordant; as in the case of four wives, 3 grandmothers, and 12 paternal uncles. In this case, according to principle 65, the division must be by twelve.

Here in the first instance, a comparison must be made between the several sets and their respective shares. Thus the share of the four wives is one-fourth; but the fourth of twelve is 3, and 3 compared with the number of wives is mootubayun, or prime. The share of the three grandmothers is one-sixth; but the sixth of twelve is 2, and 2 compared with the number of grandmothers is also prime. The remaining shares, which are seven, will devolve on the twelve paternal uncles; but 7 compared with 12 is also prime.

Then the rule is, that the sets of heirs themselves must be compared, the whole of each with the whole of each, as the preceding results show that they are prime, on a comparison of the several heirs with their respective shares. Thus 4 × 3-12, and 3× 4-12, which being concordant, the one number measuring the other exactly, the rule is, that the greater number must be multiplied in to the number of the original division. Thus 12×12=144; of which the wives will get (onefourth) thirty-six, or nine each, the grandmothers (a sixth) twenty-four, or eight each, and the paternal uncles the remaining eighty-four, or seven each.

80. The sixth is when, on a comparison of the dif- Sixth principle. ferent sets of heirs, it appears that one or more sets

D