Abu Taymiyyah – Part 2 Inheritance Conditions, Pillars & What Must happen before distribution
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Amin was salatu salam, ala Ashraf it MBI when mousseline Amina
Muhammad wa ala alihi wa sahbihi wa seldom at the Sleeman Kathira
on a mugger
for a start a class where is the brother that I promised 10 pounds
to last week was a you I was looking for you after I think I
missed you.
Almost Simona Allah Sureau team was the prophets a lot isn't said
right? The Muslims they have to stick
that stick to what they have to stick with the conditions that
they agree to. Right and likewise the contracts from there's a
contract that has been written right you have to abide by the
contract that you agree to as Allah says in the cornea you know
I'm an OB or hood
under hood or you believe fulfill your contracts by
does anyone other than the brother remember why we gave him 10?
Punks?
Who the who the wall there is, we mentioned who the wall there is,
who's the wall there?
Where this originated from or who actually put it down as a science.
Allah subhanaw taala Allah subhanho wa Taala took it into his
own hands to distribute, right each allocated amount that every
inheritor is entitled to
in today's class inshallah Tada there's a number of things that I
want to make mention of the first thing that we're going to be
covering in sha Allah Allah is Allah who call Metallica to be
tariqa
which translates to be
the rights
the rights attached to the inheritance
Does everybody know what that means?
And there are four
there are four.
Meaning
that you have to ensure
that these four things are done before the inheritance is
distributed
before the inheritance is distributed.
Right.
So you have that which has value.
Okay, it's been left behind by the one who has passed away.
Before this is now distributed. You know how last week we
mentioned, there are those who are entitled to half like who
who my daughter told me at half either Allahu Taala me Allah
preserve her from Artemia passes away tomorrow. Fein Canada Wahida
fella knows because she's the only one in the equation. Right? She
has no brothers and sisters how much you should be entitled to
half. And this is clearly an explicitly mentioned the Quran. If
she's by herself, she takes half. Before we give her half, we have
to make sure that these four things happen.
Okay, these four things need to be taken out of the inheritance
before we give her her entitlement.
Number one,
funeral expenses.
You don't have to take it out of the inheritance. It's not a must.
However,
if that's the only option, and you are allowed to take it out of the
inheritance or the money that has been left behind
or wherever a value that can be sold so it can cover the funeral
expenses. Is it the most to take it out from there? No, it's not.
Some families. They take into their own hands. I'm going to pay
for it. And in certain cases, you find it's a matter of pride.
Right? We're going to pay for it. He has a family of money. Whenever
he has a biller May Allah protect us from this some
Times is done to boast
that clear
funeral expenses, some funeral expenses are far more
than others. How do we determine how much we spend on the funeral
itself? The new Jeep
once answered our question
there are some very lavish funeral processes, right. So, and there
are those that try to keep it simple. How much are we allowed to
actually take from the money that has been left behind the
inheritance?
In order to cover the expenses?
How do we determine this?
That, which covers the need that which covers the need?
Okay, anything more than that? You can pay that from your own pocket.
The one who's insisting that we should make it lavish. Right. And
we should buy, you know, sometimes what they do is, I don't know what
they call an English at the graveyard there is what a stone?
What is it called? Does anyone know?
The headstone? They spend 1000s on it, right? They spend 1000s on it.
You don't necessarily even need that.
You don't necessarily even need that.
Right? If I had the option.
I would basically tell them to remove it.
But sometimes it's a very emotional period. Right?
Just have to be smart in how you deal with certain situations.
Right? That might cost for example, a couple of 1000 pounds.
Is it fair now that you spend lavishly
on the funeral expenses when the inheritors may need that money?
Just because you don't want to seem different from everyone else.
Everyone's done it. So we need to do it as well.
There's that cultural pressure
or that pressure from society that you need to be like them when in
reality you don't
you guys with me?
So you take from the inheritance that which is going to cover the
need of the funeral expenses
that we are building out of.
There are things in the Sharia and my brothers and my sister you've
been told to do. However, it hasn't been specified, exactly how
it should be done. Like when Allah subhanaw taala told you to be kind
and dutiful to your parents.
Was it exactly mentioned how you need to go and do that?
Right.
In some societies and massaging the feet of your parents is
something that is dutiful.
Right?
And in different cultures, they have what different ways of
being dutiful to their parents. Right? Likewise, now when it comes
to the neighbor, you've been told to honor the neighbor.
Right? Also the visitor you've been told to honor the visitor
Cibola at least the first night is what
why Jeep as the proselytism said later today if you happen why do
you mean aliqua limousine? The first night is a wardrobe it's
compulsory that you look after that guest
and when I said visit I was meaning the guest that comes from
play
how lavishly do you have to spend on him?
This is something that will go back to Earth. What does the Earth
mean?
Customs right? How are the people that you are around with honor a
guest? You must what?
behave within our capacity?
This is what I want them I said to the teacher would you say that
today's
custom is that as soon as it comes through the door you give them the
Wi Fi password.
guys agree with that.
Should right make sense?
Con, you know live without internet today.
Right? You're given the Wi Fi password. It's one of the things
that you do in order to honor your guests
and so on and so forth. And there's many other things in the
Sharia that you've been instructed and commanded to fulfill. However,
you haven't been actually told how to go about it.
Number two debts
you must make sure that you pay
Have any outstanding debts and this is of two types brothers,
well put as a and b
a is outstanding debts
on that which will be distributed?
Training you guys can see that what that basically says is
outstanding debts on that which will be distributed.
What does that mean? Does anyone have an idea? Does it make sense
to
call it hello
is going to be an inheritance yesterday?
Good. Very good example. Right? You have a very expensive car.
Right 50,000
You've paid off the majority of that. However, there's still an
amount that remains
the inheritors Won't they benefit now from this car that this me it
has left behind? What are the inheritance benefits from maybe
selling the car off and then using that money amongst themselves?
Something that holds value.
Like Another example is sometimes one neighbor may need cash.
Okay.
However,
nobody wants to lend them any money from his friends from his
relatives. His only other option is to go to a pawn shop. Pa wn.
Don't think
pa wn.
guys know what a PA wn shop is a pawn shop. Right?
What happens when you go to this pawn shop with a W, right?
You might hand over your gold as collateral, and they give you what
cash and they give you cash
they will only give you a gold back once you've paid it off. Once
you have paid it off, is that clear.
Or likewise, at times, you may have certain properties that are
being held as collateral,
or anything of value that is being held as collateral
that will need to be paid off the amount that you took right
before that gold can now be distributed to those who are
entitled make sense.
B
is the debt of the deceased
the debt of the deceased
The first was the falls under the second point. Okay.
outstanding debts on that which will be distributed.
B here is
the depths of the disease, that of the disease.
And this is again of two types, the deaths between you and Allah
subhanaw taala. And also the deaths between you and the
creation
was I mean,
we have a co founder to pay
to follow an explanation. Right?
It could be that you didn't fast the whole month. It could be a
woman for example. Now who was pregnant week. Right.
Breastfeeding.
At the end of the month, she has to pay what feed? Yeah, she has to
be fit. Yeah.
Exactly. Brothers. This is a common question that women who are
breastfeeding tend to ask
you guys with me? Right? I can't. I'm breastfeeding and I'm also
pregnant at times. What shall I do
for toys that she plays video.
According to some of the scholars, she doesn't need to make up for it
as an amount that is paid. Okay, if she doesn't have the ability
now to buy the food now to distribute it to the poor.
And then you also have for example, the deaths between you
and the people. If he has now left behind 50,000 pounds
and Mohamed owes that individual 1015 10,000 pounds. You have to
make sure that you pay the 10,000 pounds before you're distributed
to
the inheritors the air
Yes, that's very very important because sometimes what happens is
it gets distributed only then they find out that there is some that
how you're going to now take it from those that may have already
spent it.
So therefore are the the scholar in Ferrara it before he
distributes the fluoride sorry the inheritance he asked to ask
questions about that individuals that
he has with me
number three
the fulfillment
have any
bequests
which you will find in the will
Okay, and there's conditions for this, there are conditions, for
example, they shouldn't be more than a third with right.
Some conditions normally and center mentioned I'm not gonna go
too deep into it now, it will just make it so much more longer and
complicated. Right, the message is Alario some setelah will see it
anywhere is in Illa
Illa Aug, the whole Waratah.
Right, there is no words here. You can't say that I'm going to give
this to say for example, half of the money
that I'm going to be leaving behind or half of the property to
my brother
because he's awareness,
he may well be inheriting me
which will go on to inshallah to another time right?
Because he's already an inheritor right for you to allocate an
amount in your will is not allowed unless all of the other inheritors
they agree to but don't worry about it insha Allah Allah will go
more deep into that he has his own independent Chapter
How many is that
and then brothers
the inheritance is then divided
so these are the rights that are attached to the inheritance
Allah has if you look at the different modalities they have
different ways of putting this into order right we're lucky and
awesome that you go with this inshallah Tada
order in the letter
flow boxes
so this is a concept again
so we so you die and Jabil needed to give you 10,000 pounds. We have
to take that money from Java and distributed same yes how the
feeding method doesn't get away with it on philosophy unless of
course he stipulated it previously and he said if I die then your
Messiah
and of course that will need to be what
confirm with evidences and proof Exactly.
That's not in sha Allah Tala go into the conditions
the conditions okay, that must be met
before
you start distributing inheritance.
What is the condition
prerequisite that which needs to be met before you do the act of
worship, or nihilism in our DeMille, Adam Allah, He will do
it. I'm not even going to try and translate that. Right? I normally
translated when I teach fifth. But what that basically in essence
means, right? If you don't come with a condition, then you don't
come with that what you did the condition for
and the fact that you came with the condition, it doesn't always
guarantee
that you came with that what you did the condition for.
Like alcohol in summary is a prerequisite that which needs to
be met beforehand.
Okay, the conditions of Salah one of the conditions is a cover your
aura
comes before the selasa. If the cover you're out and then pray,
right? You can't just say I'm going to pray and then cover my
order. Now. Likewise, there are conditions here. There are
conditions here. And they are three brothers.
The first one is
moto.
Elmore with the hacky cotton or hochma.
What this means brothers and sisters are you translate that
into English?
Making sure
that
the one who's being inherited from has passed away
either
hockey has gotten oh help them or help them out?
What does that mean? How can
anyone know? Arabic language?
Truth You guys are saying Right? Meaning that he's actually really
died. You've established this because he happened in front of
you. The man has died in front of me. I've seen it. I've witnessed
him now departing from this world. He's died
Hoekman here Hoekman.
Is
he takes the ruling of having passed away.
Okay.
This is let's just say somebody has gone missing for many years.
And this is again, one of the chapters that will be studied
later on. Okay.
They call it Bible food, the chapter of when somebody gets
lost, there's a way to calculate how much he would get if he's
found and if he remains missing that how much is distributed to
the heirs and so on and so forth. Right. What happens here brothers
and sisters is
this issue is taken to the judge
and then the judge rules that he should be searched for.
Right? Yes, may go by the judge may say that you have to wait X
amount of years, this is a 30 years, four years, 50 years.
And only then it can be what distributed so he issued the
verdict that he has now. Okay, takes the same ruling as someone
who has passed away.
Okay.
He takes the same ruling as someone who has passed away.
Is that clear? And only then it is distributed? So have you gotten
pretty clear you've seen somebody passing away, right? He died right
in front of you. He got shot right in front of you. This person has
died. In truth, the reality Hoekman an issue or should I say a
verdict has been issued that he takes the same ruling as somebody
who has passed away
you guys enjoying the class?
The Allah to Allah and he said
either the whole team fell home, you're writing bahrami
When you play or you want to enjoy yourself, then enjoy yourself by
playing with
archery.
And then he also said way that had depth done for Hadith before,
right. And when you have your chit chats and have your chit chat
surrounding or you know speaking about alpha, right,
right. I remember Subhan Allah was going through Friday at times,
we'd get bored me and some of my friends.
And just to kind of like move our focus away from the exams to start
arguing about how they should be
be distributed and now Shouldn't it be really fun?
I dropped him and Miss Ella and I tried to trick him
and then he had given me one
second condition
HYAH Tulare
bada Moti more recently
okay
the one who's inheriting must be alive
after
the one he's inheriting from asbestos.
I'll say it again.
Jabber has a brother
okay. Good man. So, hey
David passes away, man has to be alive
in order for us to say that he is an inheritor from Java
is clear
this condition comes in extremely handy my beloved brothers and
sisters.
When you go to the chapter have a lot of QA well had the man
right people drowning
people dying because a block of bricks fell onto them or a car
crash is that clear? Not knowing who preceded the other
not knowing who preceded the other because depending on who dies
first, it can play a big role in what is inherited.
So you have
give you guys another example. Myself and Tamia in order for
Tamia to inherit from me she needs to be alive after I die. She needs
to be alive
number three
Elmo Orby
L where is the
mineral may yet
you need to know the relationship
between the one inheriting from the one who has passed away
in order for him to inherit, otherwise, they're going to start
distributing the inheritance to people who are not entitled. So
you need to know
if you guys agree with that.
Right? And inshallah I'm going to elaborate and mention three
categories in a short while inshallah Tada fotografico
give me a couple of minutes have a couple of minutes break
I'll be back
addition
to.
All the third condition brothers
you have to have knowledge of who
the relationship between parents, none of you need to know the
relationship between the one inheriting
from the one who has passed away right. Makes sense. So I've just
passed away.
Woman just comes along and she says I'm entitled to
his inheritance. Hey, yeah. Sit down. Play. Are you his official
wife? What are you where'd you come from? You just appeared.
Nobody knew who you were.
Or nobody knew your relationship with this man here. So you have to
know that there is what a relationship right? Or this random
woman comes out of nowhere.
Unless she claims that I'm his daughter,
and nobody knew other cases like that, yes, without shadow of a
doubt.
You guys have a relative
to know that she say this on camera or not.
I was told, I have a relative,
of course has the formula yet. The mother of the kids in Arabic they
call the mum, who has your kids, right? Omar Al, the mother of your
kids, right? He's lived with her for so many years.
If he wants to marry a second, he will never ever be vocal about it.
And in some situations that can cause a lot of problems marrying a
second woman.
Right? Because of him, fearing that the household will become
destroyed. He won't say it. You won't even joke about it. And they
say the quiet ones are the ones who are most dangerous.
Luckily held
many, many many many many many years after that.
This mother was his first wife.
She wanted to take some of his clothes to the washing machine.
Guess what she uncovers.
She sees all of these different passports in his jacket.
She opens it up it has a surname and she's looking at the pictures
I don't know them
guess what they are?
The oldest kids from another woman
I heard that she passed out from mom when she found out and they're
not young little kids. Right they've grown old now.
They've grown Subhanallah by they turn up and they say we are
entitled to the inheritance. We have to check now what is their
relationship to this man that they claim to be a relative to
or a son to or a daughter to it after fame to
none
Scot has my beloved brothers and sisters
right they split the relatives into three
they split the relatives into three
the first one is
that we'll follow
the will follow the
okay
I'm putting English the whole
for all
that will follow
with Allah at the end
okay, who are they
they are the ones
who have a right
two definite shares
in assets
left behind by the deceased
they are the ones who have a right to definite shares left behind by
the deceased
they have a right
a specific right
Allah subhanaw taala has allocated a specific amount to them. Who
remembers the six fractions
should offer another month
I remember the six fractions
played off
the
two thirds.
Quarter
six. Nice
and easy way to remember it you haven't half what's half of half
Okay.
quarter was half of a quarter
is worth remembering that that's already three out of the way. Okay
another easy way to remember then the next part is you got to third
was half of a third
of those as well
Ed sick
Hey, what's the third time's to
two thirds rocky signs I feel like you guys look at me guys trying to
trick us. Right for right is very easy for others as for I said
sometimes it's just obvious certain mosyle related to four
right? Okay, so you divide by two and then you come back to it then
multiply by two and that's how you get the six fractions
these six fractions my brothers and my sisters and yeah, maybe you
can see why I mentioned it last week because they come in handy
for the next lesson and the next lesson and then the one that comes
after it illogically
while there
there are individuals who have been allocated
a certain amount in the Quran I can mention to you guys how much
the same you get if a father passes away
half and there are conditions the wife might either get a quarter or
an ace there are conditions
are there so these kinds of individuals brothers and sisters,
they have what
a right to definite shares in assets left behind because their
amount was specified in the Quran.
If I have a house right and I passed away to me is gonna get
hauled off
well, she's going to do it take her off
because her half was specifically mentioned in the Quran
or the.
Oh see,
I have to write in English and put that little mark there in Arabic
is what the owl said.
A Allison
an English they translate this as a residuary beneficiary. Who can
tell me what that means. Even that requires a translation.
Anyone know the lawyer here
might be very familiar to these terms
a residuary beneficiary
can
I remember asked Abu Bakr this case no Bucha
a scrapbooker. Does this sound
familiar to a residuary beneficiary? And then he says You
mean Canada? Okay, okay. That was like Oh, mashallah English is
pretty good.
Meaning remaining reasonable, you know, the answer is because you
studied in Arabic, but you don't actually know what residuary
beneficiary
Javin Mashallah.
Residual income? Okay, what's that mean?
Isn't that what they call a passive income
anyone else noticed the brothers feel free to what did remember how
proud they allowed to Allah and say when he sent a letter to Abu
Musa lashari.
Either the whole tomb felt who we are Rami, when you play them play
with bows and arrows.
We that had that done for had a little bit. Alright. And when you
chit chat and chit chat with fried, we're just having a
chitchat. So don't feel some sort of discomfort to put your hand up
here.
Residual means leftover and beneficiary benefits. So residual,
so residual beneficiary someone who benefits from the leftover
inheritance, I mean, that's what we need, right?
In UK law terms, right.
Someone may write in as well that I want this particular asset to be
handed over to so and so.
Right.
However, there are other things that he promised so and so 100
aboubakar and gatherwell Caswell killer right
after the take out the gifts and whatever needs to be distributed
to hammer the book and there is that individual who takes the
remaining
and he is referred to as a residuary
beneficiary
is that clear.
So in simple terms, the remaining
clear.
So now you have the first category when everyone's given their
shares.
Okay? When they are given their definite shares in these assets,
academia is going to get half higher what's gonna happen to the
other half,
she'll give it to Queen Elizabeth, just hand over the remaining
because on her land.
However,
there are also other individuals who have what a definite share
to the assets.
Once everyone is given this right, I'll give you guys a quick
calculation of how my inheritance will be distributed. Right?
I have parents and have a bunch of brothers and sisters and half
brothers,
okay?
And I have
one wife or two wives,
or three,
play,
whether it's two or three wives.
Nice.
If there is a child in the equation, the wife takes an eighth
for you and have you got kids.
Okay, go here, one to one.
Straight away, the wife is entitled to only
as long as the child is in the equation, eighth, we'll come on to
all of that in shallow Tyler, when one may take an eighth when they
might take a half, when they might take a six and it's conditions.
That's a Dutch Don't worry that's going to come.
Whether it's one or two, or three or four is on time, it just says
something very, very funny. Right? I'm gonna start laughing.
When a man marries a woman, right? She's like the only one. She takes
all his time, everything. And it's just her and nobody else. No
sharing, no caring. Sharing is caring, right? There's no sharing.
When it comes to the husband, Jamie.
Another woman comes into the equation.
She has to share everything now.
She has to share his time.
Right.
But it doesn't stop there. Even after he passes away, she's still
what?
Going off to her sharing the money. So it's not only sharing in
his lifetime, but only also sharing off this faster way. So
whether it's one, two, or three or four, right? Here, they're even to
their haimo.
Right.
So there's always that eighth for the wife or the wives.
Suddenly you have Tamia.
And I will take me as father and mother.
The mother takes the six the father takes the six
Tamia takes off and the wife takes an eighth.
Okay, and then there's a house
for argument's sake now if there is something remaining, right?
And they've all taken there, right?
That remaining goes to an individual, he is the residuary
beneficiary.
Does that make sense?
By the way, this example that I gave mine unnecessarily be
working, right? Because there's ways of calculating but I'm just
mentioning it in that way. So you understand
if all of these individuals that I mentioned, right, the father, the
mother, the wife and the daughter, they take their set amount that
has been allocated from them in the Quran has been allocated for
them in the Quran. And then there is something left that something
is given to the residuary beneficiary, who takes the
remainder Does that make sense? We will go on to inshallah to Ira who
is from here that will fall
and then who and ask them is and then you have the third
who is a Euro him
who is a Euro him or they call them they will or have
a relation that is connected through females?
Who can give an example of that
Look siblings
you
put them put them out of the equation, another type of
relationship where you're connected
because he wasn't
I'll give you an example. Right? I have a mom. So she has a mom.
Because get to know
a relationship that is now connected through females was the
connect between me and my maternal grandmother? Who's in between?
Mum.
What was that which we mentioned?
Relations connected through females.
I'm just rolling this out
relations
connected
through
females
like
I just put my initials 80s.
Because no 80 stands for Right?
maternal
grandmother
was the connect between me and also my grandmother,
my mother, do I inherit her?
It's just an example. Okay. In very, very rare scenarios, does
someone from the will or harm inherit? Very rare?
Very, very rare cases all the time you find that's already been taken
by
the will
for old, and then there'll be an asset. Someone who's a residuary
beneficiary. Right. Exactly. The first and the two categories? Will
what? Take everything?
Does that make sense so far?
You guys, sure? I'll take three questions very, very quickly. And
then move on to our next class.
With someone from your wives, like someone who's connected to you
from your website?
Yes, very good.
So my relationship with my wife, she's my wife. Type her father?
Was the connect between me and my father, no.
Woman.
So do I inherit from? No, I don't. Very good example. Soccer, your
name?
So sad. Are you from South Pakistan, Pakistan.
They take the remainder of the day take the remaining
remaining
cases.
That's all I'm saying. That's why I said very, very rare that they
might inherit.
Exactly. Let's just say for example, it's a very long
discussion, right? There's a whole chapter on the with our ham. And
you know where they put it right at the end of the books of
inheritance. If we come to it, and from the angle of wave we come to
it. That's where they put it rather than write. In a case for
example, there is no one from the first category. And then the
second category, who does it then move on to
other which is very, very rare. If you think about it, everybody here
at least has someone from the will for all those who have an explicit
who have a specific amount allocated to them by Allah azza wa
jal, right, and whatever asset is distributed while there and then
we take those who take the remainder.
Well, there
is there anyone here who doesn't have anyone from the first or
second category?
That's exactly my point. Yeah.
I was gonna have one more question.
You know, the last one
is relations three fields. But there's the President still has to
be female.
My cousin on my mom's side.
So this is a for example, there's a woman who has a mother who's
also a woman, and then the grandmother that she inherits from
a grandmother. No, because her connect or the one in between is a
woman.
Well
that's just the way I thought maybe translating it makes sense.
Is that easy?
are hard everything that we went through today. Honestly brothers,
you can tear me apart
was it easy was it hard honestly
a lot of things start to make sense right? And real day to day
scenarios.
Everyone dies and most people they leave something behind right
so low iron Amina Muhammad Imran early he also have usnm