أحكام الفرائض والوصااي يف املذهب الشافعي )دراسة مقارنة

The science of inheritance is a fixation of the rights of the living and the dead, and this art is half of the science, and this study sheds light on the provisions of inheritance and will in the book "Al-Tahtheeb" of Imam Al-Baghawi. By defining the concept of inheritance and will, and explaining the legal shares in inheritance, and mentioning the benefit of the differences of jurists in some inheritance issues that were not explained in the Sharia from the Book or the Sunnah, and the jurisprudence of the jurists in this matter. In order to achieve the objectives of the study and its objectives, the researcher followed the historical descriptive approach when researching the biographical and scientific biography of Imam Al-Baghawi, his era, and his political, economic and cultural events. His book and the approach used in it were also introduced. The researcher followed the inductive and analytical approach when collecting issues of inheritance in the book and transferring the sayings of scholars about them, then analyzing them to reach the most correct ones, and what is in agreement with the spirit of Sharia and the public interest. The most important results of this study: The author's concern for rooting issues of inheritance, so he transfers what has been proven from the evidence from the Book and the Sunnah regarding the issues he mentioned, and he also conveys the opinions of the public and others from other schools of thought such as the Imamiyyah and Ibadi schools, and he is likely based on the evidence, even if it contradicts his Shafi'i school of thought, such as the issue of what was stated in the meaning of the commandment, where he chose the Hanafi school. Among what he preferred in his book is that full brothers share with maternal brothers in a third of the estate, and the reason is the strength of their kinship to the deceased on the father and mother side He did not neglect the linguistic and terminological side of the definitions, so he used to explain the strange vocabulary with the help of linguistic dictionaries, then he mentioned the idiomatic meaning. The many sayings and quotations that he mentioned in his book indicate the abundance of his knowledge and the diversity of his knowledge resources, which made his book a rich material for study and an essential source in the science of inheritance. Keywords: Inheritance. Al-Faraʾiḍ. Will. Al-Baghawi, Al-Tahtheeb.