between the two, three Ihares of the fix going refpeaively to
each,_or that, on the latter fuppofition, it is to be divided between
them in three lots, two Ihares of the 'fix going to the hermaphrodite,
and four Ihares to the fon. T h e hermaphrodite, therefore,
is entitled to two Ihares, unqueftionably ; and there being
ftill a doubt with refpeft to the one redundant lhare, that is divided
into two. Hence the hermaphrodite gets two Ihares and an
half; and a fradion thus falling to his lhare, the root of the pro-
pofition (fix) mull: be multiplied by two, in order that there may
be no fractions * ; 'and the whole calculation, being twelve, will
come out right, in this way, that five go to the hermaphrodite,
and feven to the fon. T h e argument of Haneefa is, that it is
necelfary, in the firft place, to eftablilh the hermaphrodite’s right
in the inheritance ; and as the fmaller portion of inheritance (namely,
that of a woman) is unquellionable, and any thing beyond it is
doubtful, that alone is to be eftablilhed, and due, which is.certain
and indifputable, not any more, as a right to property is not admitted
under any circumftance of doubt,— the point in queftion
being, in fad, the fame as where a doubt exifts with refpeft to a
rio-ht in property, founded on any other caufe befides inheritance,
in°which cafe the unquejtionable proportion only would be decreed,
and fo here likewife;— excepting, however, in the cafe of a fmaller
lhare -j- going to the hermaphrodite, fuppofing him to be a male ; for
then he would be entitled to the lhare of a Ion, fince, in fuch m-
ftance, that would be his indifputable r ig h t;-a s where, forinllance,
a woman dies, leaving heirs her hulband, mother, and a full filler %
• That is, in order to reduce the whole to integral parts.
f Namely, a fmaller lhare than the half of the whole.
X This might be rendered, with more ftridt propriety, “ a f r a t e r n a l co n n e x io n ,” an
hermaphrodite being, in fed!,, neither a brother nor fitter. T h e tranflator, however,
thinks it moft advifeable to adhere literally to the original.
who
who is an hermaphrodite,— or, where a man dies, leaving heirs his
wife, two maternal brothers, and a full filler who is an hermap redite;—
in the former o f which cafes (according to Haneefa) one halt
of the property would defcend to the hulband, a third to the mother,
and the remainder to the hermaphrodite,— and in the latter, a quarter
would defcend to the wife, a third to the two brothers, and the remainder
to the hermaphrodite; for in both thefe cafes the remainder
is fmaller than either of the two full Ihares,— that is, the lhare of the
hermaphrodite fuppofing him to be a man, and the fame fuppofing the
hermaphrodite to be a woman:
H E D A T A .