( 137 )
ment of one hundred dirhems, her dowry being ten (100) dirhems, and he bequeaths to some person one-third of his property; then the computation is this:[1] Pay to the woman her dowry, that is, ten dirhems; there remain ninety dirhems. Herefrom pay the gift to her, thing; then pay likewise to the legatee who is to receive one-third, thing: for the one-third is divided
- ↑ This case is distinguished from that in page 133 by
two circumstances; first, that the woman does not make
any bequest; second, that the husband bequeaths one-third
of his property.
Suppose the husband not to make any bequest. Then, since the woman had at her disposal , but did not make any bequest, reverts to her husband; and the like amount goes to her other heirs.
and since , and ; ; ; ; reverts to the husband, and the like sum goes to her other heirs; and , belongs to the husband’s heirs.
Now suppose the husband to bequeath one-third of his property. The law here interferes with the testator’s right of bequeathing; and provides that whatever sum is at the disposal of the wife, the same sum shall be at the disposal of the husband; and that the sum to be retained by the husband’s heirs shall be twice the sum which the husband and wife together may dispose of.
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