Abu Taymiyyah – Part 10 Those entitled to 13 in Inheritance Law
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AI: Transcript ©
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Inheritance?
Did you hear the question?
A third, not 2 thirds.
Oh, a third. A third.
3rd.
Mhmm. There are 2.
I'm talking about a first thing. I'm talking
about a first,
a third.
Who's this one?
Mom, are half brothers?
From which side?
From mom's
side.
How are brothers from?
Ma'am's side. Previously, we spoke about the to
the ad.
Did we?
Oh, we spoke about the
right?
The half sister from which side?
Father's side.
She is entitled to how much?
Half of the inheritance providing how many conditions?
5. 5.
Good.
There are cases when
the half sister from the father's side
is entitled to sets. What is that?
1 or more sisters. 1 or more sisters
and
There are conditions. In order for her to
take a third,
there are conditions that need to be met.
And there are conditions that need to be
met. We will come on to the conditions.
But before we do,
everybody got that written down, right?
I want to quickly touch on
The 2
issues pertaining to the judgment of
So the first one is you find
husband, mom, dad.
Husband?
Mom, dad. He said,
husband, mom,
dad.
What would the page number be?
6.
6. How much did you give to the
husband? Mom.
Mom?
So, like, she gets the 3rd of what's
remaining?
Which is? 1.
Good. That has 2.
Pretty straightforward. Right?
This is the first of the 2. So
what was the second scenario?
Doctor Umr
issued a judgment on?
So instead of the husband,
in the what? Wife.
So the base number is going to be
Arab? No.
These are just two numbers that you have
to what? Memorize. 46.
Are they?
Does that make sense?
Pretty straightforward, sir. Can someone repeat it for
me
one last time?
What's the first scenario?
Husband mominta.
Husband mominta. Based on
6. 6. 2nd scenario?
These are the conditions. Number 1,
2,
3. In order for the mom to get
a 3rd, which one is more? 3rd or
6th?
In order for her to get a 3rd
or a 6th, which was more,
like Allah
The parents,
they're entitled to a sick
each
if the deceased leaves behind
a child.
So now I buy that tomorrow.
My 2 parents are alive.
Tami is alive as well. How much do
my parents get each? 6. A 6 each.
Then there are no children in the equation.
There are no children in the equation.
Allah says,
If there are no children in the equation,
then the mother, she takes
So the first condition is that there is
no
no children.
There are no children in the equation.
There are no children in the equation.
In
Arabic, it means
That's the best condition.
2nd condition is
in order for her to take a 3rd,
there can't be
any brothers and sisters of the deceased.
There are no what?
There are no brothers and sisters in the
equation.
So if there's like 2 or more, that
means there are brothers and sisters in the
equation.
As Allah says, if there are brothers
and sisters,
okay, in the equation.
Mother takes how much? A sick.
Allah clearly says in
The moment you find that the deceased has
left behind brothers and sisters, Halas, automatically she
doesn't take her
sad.
Number 3,
that this scenario is not one of the
immediate thing.
That is not one of the 2.
That is not one of the 2.
Number
1.
There are no children in the equation.
Number 2.
There are no brothers and sisters in the
equation. If there are brothers and sisters in
the equation, will she be entitled to
a third?
No. Straight away, halal. She's not entitled to
a third because it goes against the shard,
the condition mentioned in the Quran itself. Number
3, that it is not one of the
2 Umariati.
Are you brothers and sisters with me so
far?
If we find a scenario where there's a
husband,
father, and mother,
there's already a way that we
distribute that. Agreed? Pretty straightforward.
However, if that's not the case
and you also meet the other two condition,
you give up and third.
Does that make sense?
Let's take a quick message
like example.
Can somebody come up back and tell them?
I saw it.
So
this is miss Ezra Maria.
Sorry? Mister Ezra Maria. Right?
Doesn't she get what?
Her quota? Yes. There's no kids, but you
gotta split the quota. Right?
Why are you pressing her for?
You're not oppressing her by
not giving her a quarter? Yes. Quarter.
So there's a quarter, right? Cut the quarter
into 4, give them their right. Rasa here?
Yes. They split a quarter.
So which color do I
Use the black one.
So you give a quarter?
No. This is before.
And the mother takes a third of this
remainder,
which is,
1.
Sure. Yeah. This is Omar here? Is Omar
here brothers?
I may think otherwise.
Is is familiar only the condition of 1
wife?
Okay.
No. No. You're right.
You're right.
Whether there's 2 wives, 3 wives, 4 wives,
it doesn't change the dynamics.
K? It doesn't change
the dynamics.
So
it
is. I was seeing who was killed
We have
a dad. We have
a mom.
Okay.
You can put the fractions there if there
are any and then put
the Saham of each one right next to
it. So the
dad box,
bunk out.
One gets the 3rd, 3rd gets the remainder.
Why?
Why?
Because there's no children in the equation.
Very good.
Always go back to the conditions. In order
for me to give the mother her 3rd,
I have to meet what?
Three conditions.
Is it one of the
Umri Yateen?
Why is it not from the
Because there's no wife, no husband.
Excellent.
But any children in the equation know the
reason.
Brothers and sisters in the equation
of the one who has passed away? No.
Okay. Ready for this one,
Dad, mom, 3 brothers.
What comes all this?
Tumblr.
So I assume that the fact that their
dad's alive,
the brothers are not getting anything. Sorry? Since
the dad's alive,
the siblings aren't getting anything.
I'm not mistaken. Okay. Then right. I don't
know. He could be wrong. He might be
wrong. I learned. Okay.
What's the condition?
Yeah. What's long as it gets a 3rd,
if there's any brothers and sisters.
However,
we need to specify if it's, like, eternal
eternal, etcetera.
Just because the problem don't occur, the conditions
don't come into play.
Very good.
So the trick one.
She still keeps her,
but the majority of the scholars, they say
the fact that they are alive,
even though they're not taking anything because of
the dad,
kicking them out,
it still affects it.
So if she doesn't take a 3rd, how
much did you take?
6. 6. Give her a 6. Trust me,
it was a hard one.
I remember I got it wrong,
but I felt good because
sheikhul Islam in taking me over there.
Yeah. We got 5.
Good.
So the fact that they are there impacts
it.
Whether they take or not
whether they take, sorry, the fact that they
are there impacts how much the mom gets.
Whether they take or not, that doesn't affect
the
dynamics.
Does that make sense?
So here,
our friend
Generally speaking, based on what we have studied,
here it says there are no brothers and
sisters.
Other brothers and sisters, there are brothers and
sisters.
Tayib, do we meet the other two conditions?
Yes. We do.
We meet them.
Tayib,
we say they are boxed out or they
are taken out of the equation because of
the doubt that which we've been going on
about so long. You know, every time we
say as long as the doubt is alive,
brothers and sisters, they don't take
nothing. I've all told my brothers and sisters,
always remember me,
telling my brothers and sisters you are not
entitled to a single penny
as long as my dad is alive.
Not told anymore.
Don't oppress him. Give him his right, and
you guys go work.
But I'm taking him out.
What would based on what we studied today,
how much would we give each one?
The mom would take a third, and the
dad takes the remainder.
However, the condition says no brothers and sisters,
but there are brothers. Yes, they are not
inheriting anything.
However,
however,
them being
them being alive, it affects how much the
mom gets
according to the majority of the scholars.
So what do we do here? How much
we give the mom?
6. Father
and
So the message is out of
that.
If he has brothers, the mother takes 6.
Yeah.
All according to the majority of scholars to
take them. We will go with what the
majority of scholars take for the time being.
Make sense, brothers?
I mean, that?
2nd category.
Half brothers and sisters
brothers and sisters
from
mom's side.
Half brothers and sisters from mom's side.
What does that mean?
I gave you guys this example before.
K?
I have a father
and I have a mother.
Let's just say they split up with one
another.
You have mister Sharif
and missus Khadija.
You guys with me so far?
Mister Sharif remarries.
And missus Khadija, she remarries.
The children that my father has, what are
they considered with this other lady?
Half brothers and sisters from
that side.
The children that my mother has now with
her new husband.
What does that make
them to me?
Have brothers and sisters from? Sahib. Sahib. Is
there anyone here
that did not get that?
If you tell me if you want me
to repeat against you in the sun, let
me know.
I want everyone to understand that.
Everybody get that? Half brothers and sisters from
There are also what three conditions.
Hi, brothers. What do you think the conditions
are?
The full settings? The full settings?
No?
In order
for the half brothers and sisters,
in order for them to take a third,
there has to be
more than 1.
There has to be more than 1. So
this by himself or she's by herself,
she's not entitled to a 3rd.
She'll be entitled to a 6th will contract.
So the way they wear it is?
No.
No.
2
or more.
It has to be what 2 or more
of them.
No children?
No.
Father, no.
The brother is not with the grandfather. That's
a whole different issue
which we'll come into
later on down the
line. Right.
Are these conditions clear?
K. Father of the deceased.
We're We're just thinking about the relationship
that the father has with the deceased.
You mentioned Adam
Your question is
somebody passes away.
This father that we're referring to, which father
is it? Is that your question?
Yeah.
Well, it's my fault.
What has
their father got to do with anything here?
Talking about me, I died.
I died,
I left behind a father.
And then I also have
brothers
and sisters
from
my mom's side.
Will they inherit me? That's the question.
Shall
I repeat again?
Say it one more time. Good. I like
it when somebody says that. Let me repeat
it
again. I, Abutaimia,
told you guys earlier that I have a
father called what? What was his name? Sharif.
I have a mother called
and Allah gives them both long lives upon
ta'a.
Missus
Khadija, she remarries and has kids.
What are they to me?
Half brothers and sisters from
mom's side.
My dad remarries,
has children with this new wife.
They
now have children.
What does that what's their relationship to me?
Them children. Half brother and sister from?
That side. Is that clear? Excellent so far?
Taib, I of Utamia pass away.
I've left behind
half brothers and sisters from my mom's side.
Do they inherit me?
Do they inherit me?
Providing these three conditions are met. What are
these three conditions?
Adam al Farh al Waris, I did not
leave behind any kids. Is that the first
one that I mentioned? No. First one that
I mentioned is that there is what? More
than
one of them.
Who
remarried and ended up having 2, 3 kids.
She had 3 kids. Does that meet the
condition? There's 2 or more.
Okay. She had only 2
with this new guy.
Does that fulfill the condition? Yes, it does.
2 or more.
Oh, second condition, no children. Meaning, I did
not leave behind any children.
What's the 3rd condition?
Father, my father.
Not this new guy who came into the
equation.
What's my
relationship
with
him?
Married my mother,
call him stepfather. Right?
Just came into the equation now, why should
he take anything?
Does that make it clear?
Talking about my father, my father. There these
conditions are related,
on this this one here. And this one
is related to
my children and my father.
Makes sense?
Yeah. My father's alive,
mister Sharif.
Taymiy is alive.
Adopt?
Yeah.
No. That's adopting.
They don't take No. No. Adopted children, they
don't take nothing.
We're talking about she had,
they came out of her womb.
Yeah?
No. If he passes away, that's different.
They're his children now. It's a whole different
equation. We're not we're talking about me, me,
me.
When do my half brothers and sisters from
my mom's side inherit me?
Is that clear?
You got question. Ask.
You, you, you. You look confused.
You're not confused? Clear?
Is that clear?
Anyone know the evidence first as to why
they take a third?
Who? Who's
Good. If you go back a little bit,
all the part of the eye before that,
Babe,
I'll bring it.
And it's the either you said is correct.
I just wanna go back a little bit.
Some of the scholars, I believe Surat Abdulai
mister O'od, he said that this is pertaining
to
Okay? So it's pertaining
to because of that, they have have you
guys noticed something?
How much are they entitled to?
Half brothers from the father's side, are they
entitled to a settlement?
Are they residuary beneficiaries or are they individuals
who are people who have a set amount
allocated to them?
They don't have the set amount. They're residuary
beneficiaries.
They are residuary beneficiaries.
Someone will look at this and think, oh,
my half brothers and sisters from a mom's
side. They have a set amount.
Once they're given their amount and there is
also
half brothers and sisters,
from the dad side,
there's anything left then they'll take care. If
there isn't, you don't.
But We will come on to that, inshallah,
that is studied.
It is a mess that is studied.
And
Hajar.
We'll come on to it, inshallah.
It's called mas'r al Khinariyah or
mas'r al Khajaria,
the mas'r al Khajaria, the mas'r al Khajaria,
the mas'r al Khajaria, the mas'r al Khajaria,
the
the messenger of the donkey or the messenger
of the stone.
Some of the companions, they mention wife.
Let's just say for example that
our father was a donkey. Come on to
that, no Insha'Allah.
Or stone.
I'll I'll I'll mention the full picture another
time, Shah.
As the same we have the same blood,
come on to that, Shah.
Like, did everybody get the 3 conditions?
Husband.
4 of them. Yeah? I think everybody knows
what I'm talking about. Right?
Four half.
Four half brothers says I e from the
side.
Play royals.
2 uncles.
I need somebody to come up.
Husband,
4 half brothers
and sisters from the mom's side,
2 uncles.
Based on what you have studied today, you
wanna come up?
Why?
That's tight. How much do you give the
husband? I sold the 2 boxes. They get
3rd. You give them in thirds. Why? Why
did they get fed? There's more than more
than 1. More than 1. First condition.
They have no children. Does that mean the
second condition?
What about that condition? Does it mean it?
Why you're fucked. Is there a fault in
the equation?
No. Good. If there was a fault
Then either way. They're
they're they're brothers. They're brothers in the deceased.
Whether half or full, they are brothers at
the end of the day and sisters. You
kick them out.
They're no father-in-law type.
So how many what's the what do you
give? Do they have brothers?
I have to remember one condition.
You just always think about the conditions in
order to give them the allocated amount.
Play.
What about the uncles?
Now who does the father block out?
Oh, there's no father in the prison. Oh,
so I know. I just fall.
Play. So how how much did he give
them? Residiary. Residiary
beneficiary. Good. Based along by the other? 6.
Why 6? The 1st group. Forget about this
mathematical way that you guys have. Tell me
what I told you guys.
You have the first group and you have
the second group. What's part of the first
group?
Half.
Half. Quarter. Quarter.
8th. What's the second group? 3rd.
3rd?
What's half of that? 6th.
6th.
I think you start 2 thirds. What the
sister taught us, guys? Start 2 thirds. What
do we start with always when we speak
about the second the second group? 2 thirds.
2 thirds. You have 2 thirds?
You get 3rd. 6. What's half of the
zed? 6. 6.
We mentioned
if a half now meets,
any of the fractions in the second group,
how much do we give them? Or what
do we make the base number?
6.
How much you give the husband?
2. It's good.
Uncle, is there anything left for him?
A paper around? I want to put all
of you guys in a WhatsApp group. I'm
gonna send you guys questions, after questions, after
questions.
I'm traveling now
to, Australia tomorrow,
so I'm going to be, absent next week.
Yeah?
Does that make sense for us? Yeah.
And I'm gonna send you guys questions after
questions after questions. You would have to, what,
do it, and then send in a group.
K?
Everybody brought you WhatsApp on there,
and one of the prophets can make.
Hello brothers
and sisters who have attended,
you guys are doing amazing. If you guys
have understood up until this point,
most of the that
we receive
has inheritance questions.
You can what? Calculate it.
Even if you don't ever become a Faraday,
it's good to know these kind of things.
We are talking half brothers and sisters from
mom's side. Either one. We're talking on mom's
side, not that side. Either one is a
brother or sister. Yeah. It could be 2
half
sisters from the mom's side. It could be
2 brothers
from the mom's side. It could be 1
brother and 1 sister from the mom's side.
Does that make sense? 1 brother, what sister
from the mom's side? Yep. Okay. Yep. They
will both get fed.
Brothers