The jurisprudence of budgets in the inheritance of the grandfather, brothers and sisters – a comparative jurisprudential study

Abstract

The jurisprudence of balances: It is the knowledge of the preference between two interests, or two spoilers, or one benefit and a spoiler, by obtaining the greater in the interests and adhering to the lesser in the evils, in what is not necessary, by providing the greater benefit with the less evil that is inherent in it, and warding off the greater evil while missing out on the least benefit with it, and the choice Among them in the case of the level, in the practical legal rulings, and that the science of inheritance: is the science specialized in the study of the division of estates, and what is required of each legally entitled, and begged him with the science of arithmetic, and that the inheritance of the grandfather with brothers and sisters is one of the most difficult chapters in it, and that the relationship between him and jurisprudence Balances, as dealing with it is based on balances between interests, it seems to the researcher; So there were two opinions, one saying that makes the grandfather like the father in his dealings with the brothers and sisters, just as the father withholds them, so the grandfather, and this is based on the conflict of two interests, the interest that the grandfather take his full share, and another saying that the brothers and sisters share in his share as a brother with them, and on the opinion of the owners of the first saying is the interest The preponderant view is that the grandfather takes his full share, and the opinion of those who hold the second view is that the grandfather shares with them the share, and the balance adjuster according to the proponents of the first view: that the preponderant interest overrules the likely interest when comparing them; Therefore, by giving the last grandfather his share in full, he obtains a preponderant interest, and his sharing of the share with the brothers and sisters is a preferred interest, while the balance control is in the view of the second saying: that combining the two interests takes precedence over the weighting of them in the principles of jurisprudence, and it is verified in sharing the share between them in the inheritance. And that the inheritance of two parties is more beneficial than the inheritance of one side, so it was more likely that the grandfather bequeathed with the brothers and sisters as a brother with them in the inheritance by partnering between them, which is what most of the jurists are upon. God only knows.