al-Hujaj al-Qatia fi al-Mawarith al-Waqia - ضمن Risalatan fi al-Faraid
- Author died
- 1376 AH
- Editions
- Dār Kunūz Ishbīlyā lil-Nashr wal-Tawzī‘
al-Hujaj al-Qatia fi al-Mawarith al-Waqia (The Decisive Proofs Regarding Actual Inheritances) is a concise treatise on the Islamic law of inheritance (farāʾiḍ) by the Hanbali jurist and judge Faisal ibn Abd al-Aziz Al Mubarak (1313–1376 AH / 1895–1957 CE) .
Subject and Content
The work was composed as an analytical commentary and set of legal benefits derived from the prophetic narration transmitted by Ibn Abbas: ألحقوا الفرائض بأهلها فما بقي فلأولى رجل ذكر ("Give the prescribed shares to those entitled to them, and whatever remains goes to the closest male relative") and its variant narration: اقسموا المال بين أهل الفرائض على كتاب الله فما أبقت الفرائض فلأولى رجل ذكر ("Distribute the estate among those entitled to prescribed shares according to the Book of God; whatever the prescribed shares leave goes to the closest male relative") .
The text outlines the virtues of the study of farāʾiḍ, citing hadiths encouraging its acquisition and transmission . It systematically explains the fixed Quranic shares (al-furūḍ al-muqaddara), the qualifications of primary heirs, the rules of agnatic inheritance (al-taʿṣīb), and practical applications for dividing estates .
Transmission and Publication History
The treatise is preserved in manuscript form in the King Fahd National Library in Riyadh under catalog classification number 252/3 .
Prior to its independent scholarly edition, it appeared in print under the variant title al-Dalāʾil al-Qāṭiʿa fī al-Mawārīth al-Wāqiʿa as part of the author's four-part compendium entitled al-Mukhtaṣarāt al-Nāfiʿa, which was published three times: in 1369 AH, in 1371 AH, and in 1405 AH by Dār Ṭayba .
The work was later edited from the author's manuscript by Muhammad ibn Hasan ibn Abd Allah Al Mubarak and published alongside another inheritance treatise by the author, al-Sabīka al-Dhahabiyya ʿalā al-Manẓūma al-Raḥbiyya, in a single volume titled Risālatān fī ʿIlm al-Farāʾiḍ (Dār Kunūz Ishbīlyā, Riyadh, 1427 AH / 2006 CE) . In this edition, the manuscript served as the base text due to its additional content compared to the earlier printed version in al-Mukhtaṣarāt al-Nāfiʿa, while differences from the printed edition were incorporated in brackets .
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