Adnan Rajeh – Matn Abu Shuja #37

Adnan Rajeh

2018 5 17 LMM at 8pm -Chapter of Inheritance 2

Share Page

AI: Summary ©

The speakers discuss the concept of inheritance and how it works in various scenarios, including death, birth, and family. They explain how the process works for different scenarios, including when a death is happening and when a woman is inheriting wealth. The speakers also discuss the importance of writing a will for a deceased relative and preserving lineage. They emphasize the importance of carrier's wealth and the decision to not give a full name to a deceased relative.

AI: Summary ©

00:00:00 --> 00:00:01
			Wait until seven
		
00:00:19 --> 00:00:19
			zero
		
00:00:28 --> 00:00:44
			Alameda Loma Sally was selling Garcinia, Mohamad in early Alzheimer's many. Before we continue like
last time, I want to give an example at the beginning just to kind of help everyone understand. So
today I'm going to teach something called Mr. La Maria. And there's two material that are called Mr.
Latta and I'm gonna your turn. It is a Messiah that on top of the Lavon, who gave it to him
		
00:00:45 --> 00:00:50
			during his early days as a judge, because they were kind of
		
00:00:51 --> 00:01:06
			they're kind of different. I mean, the way that he gave the fatwa made me change things a bit in
terms of how we understand, nobody said, This is what the what the condition was. Lady died, and she
left her husband, a mother and a father. Okay, so lady died, she leaves.
		
00:01:07 --> 00:01:11
			Hope you guys remember how we do this. She leaves a husband,
		
00:01:13 --> 00:01:13
			you
		
00:01:18 --> 00:01:19
			the mother
		
00:01:25 --> 00:01:26
			or the people who always inherit?
		
00:01:30 --> 00:01:37
			Kids, right? So he has no kids. She has no kids. She just has spouse and parents. So they definitely
are going to all inherit right.
		
00:01:38 --> 00:01:39
			And Father,
		
00:01:41 --> 00:01:45
			does she need to also about this, you need a universal inheritor? Is there a one here?
		
00:01:46 --> 00:02:10
			The father is a universal inheritor. So, there's no son, but there's a father, so, so we don't need
anyone else. What this means is we don't need to ask about other family members. You asked about
other family members, if you don't have Asaba, if you don't have someone who's a universal
inheritor, so you look old, first of all, for the five people who inherit all the time, spouses,
parents and children, okay, you got them all down. And amongst these spouses,
		
00:02:11 --> 00:02:44
			parents and children, there's no asa, there's no universal inherited, there's just no son and
there's no father, then you start asking, Okay? Does the disease have a grandfather? Does the
disease have a grandson just as you have a full brother or paternal brother, looking for an answer
but looking for universal inheritor. But here, we don't need to because we have the five, we ask
them, what the five people who always inherit and one of them is awesome. So we're good everyone
else. They don't need to exist at all in this in this study. So what do we do here? What is the
spouse get when there's no kids?
		
00:02:45 --> 00:02:47
			So disposable get half that is funneled?
		
00:02:49 --> 00:02:50
			What will the mother get?
		
00:02:51 --> 00:02:54
			When there's no kids or brothers?
		
00:02:57 --> 00:03:03
			She gets a third, and the father gets a six plus the rest?
		
00:03:04 --> 00:03:05
			No, what happened here
		
00:03:07 --> 00:03:12
			is that there is no rest. Right? There's also because this adds up to one four,
		
00:03:13 --> 00:03:16
			and the Father is getting half of the mother.
		
00:03:17 --> 00:03:40
			So the father is like inheriting half of what the mother is going to inherit, which is not the way
things go into melody. So the father should always inherit more than the mother and how or equal to
each other, to say the least. So in this specific situation, the father ends up inheriting half of
the mother. So what Bob did, he said that she gets a pseudo
		
00:03:42 --> 00:03:43
			l burpee
		
00:03:44 --> 00:03:51
			the rest the rest of what the rest of whatever is left after the half is taken out.
		
00:03:52 --> 00:04:01
			So she's going to get a third of what's left after the spouse gets his share, and then the Father
will take the rest Sasa
		
00:04:03 --> 00:04:09
			understanding how this others what his photo was in this. So let me explain again,
		
00:04:10 --> 00:04:35
			the normal way of working is that the husband will get a half she would get a third in the father
would get a sixth of the rest. Now in this equation, the father is going to get half of the mother
which is abnormal in the way of how inheritance works. So I'm gonna start with a low I know you put
something he changed he made a small change or he put a fight to a foreign and of course, he didn't
do it alone. When He gave His Son to all the
		
00:04:36 --> 00:04:53
			Havoc followed him so they didn't forbid and and Alibaba thought and they all followed him on this
letter, saying that the mother is gonna get a third but not from the whole inheritance. She's gonna
get a third of whatever's left after the half of the husband is taken out. So these two, these two
are gonna are going to share
		
00:04:54 --> 00:04:59
			how much he's going to share. The other half, how much is he going to get from this half?
		
00:05:00 --> 00:05:02
			third of the half, and he'll get the rest.
		
00:05:04 --> 00:05:15
			Understanding how this works, okay, so gets more, so he gets a bit more. So if you go to the
original way, the whole work meaning a half a third and the rest, then we would, we would break this
down into
		
00:05:16 --> 00:05:17
			six
		
00:05:19 --> 00:05:23
			doesn't get three, the mother would get two and the father would get one
		
00:05:25 --> 00:05:34
			that is originally now after he fixed it after I gave it to her. Now he'll still get three. And
she'll get one and you'll get two.
		
00:05:36 --> 00:05:43
			Is that understood? So that is called the mess. And I'm Maria. And there's something similar to it
on this. On the other hand when
		
00:05:44 --> 00:05:54
			the if it was, so this is a husband or Lady dying, leaving a husband. Now let's just change this by
changing that person who was going to pass away.
		
00:05:55 --> 00:06:01
			Let's say that the one who died was a man, he left a wife and two parents. So he left
		
00:06:07 --> 00:06:12
			So Amanda, I left a wife, a mother a father, how much is the wife get without any kids being around?
		
00:06:14 --> 00:06:15
			No, she gets a fourth
		
00:06:18 --> 00:06:21
			and then a third, and then also about her above me.
		
00:06:23 --> 00:06:24
			So if you break this down,
		
00:06:27 --> 00:06:29
			maybe it's down to 12 I guess. Then
		
00:06:30 --> 00:06:37
			third 347.
		
00:06:39 --> 00:06:41
			And then he gets five.
		
00:06:43 --> 00:06:45
			So in other
		
00:06:47 --> 00:06:56
			considerations of this muscle memory Another one is that he also said that she will get a third of
whatever's left, she'll get a third of the three quarters that are left.
		
00:06:57 --> 00:07:10
			That makes sense. So that's also something that he added. This is less known or less famous as the
first one The first one's much more famous than his and it's actually how the photo goes till today
here there's a difference of opinion but this goes look called Mr. La Maria the mother will get a
three
		
00:07:11 --> 00:07:18
			three quarters of whatever was going to be left versus the the only situations where this would ever
present itself as a as an issue.
		
00:07:20 --> 00:07:23
			So what would happen if you didn't get a third of the three quarters?
		
00:07:26 --> 00:07:42
			Just times them you get she'll get a quarter of the whole thing, right? She'll get a quarter of
everything she'll she'll get exactly as much as the wife would get. So a three, three, and then six,
which to them at the time made made a bit more sense. Okay.
		
00:07:43 --> 00:07:46
			So that's the MSL allometry 10 I'm gonna get 10
		
00:07:47 --> 00:07:58
			Now that they're extremely important but I thought worth sharing because there anyone who studies
melodeath will come or come by this at least one see it within their in their studies. Okay.
		
00:07:59 --> 00:08:22
			I'm going to I'm going to continue reading to finish the chapter and I'll revise everything in the
chapter inshallah with you so that everyone's memories jogged but I want to finish what we recited
so we arrived at Autobahn when you all see Boo in a hallway at him and there are four males who are
you who will universally inherit with their with their sisters with with their sisters
		
00:08:23 --> 00:08:26
			Ibnu I've known ebony what a home and what a home.
		
00:08:28 --> 00:08:29
			So
		
00:08:31 --> 00:08:32
			Neil's.
		
00:08:37 --> 00:08:38
			Universe universally inherit
		
00:08:42 --> 00:08:43
			with their sisters.
		
00:08:45 --> 00:08:46
			And they are called Alpha.
		
00:08:48 --> 00:08:49
			Universal inheritors.
		
00:08:51 --> 00:09:15
			Awesome, I mean, they're universally inherit. So the sister does isn't given a certain amount. As
long as your brother's there, they will inherit together and he will, he will be the universal
inheritor. And she will get twice whatever she gets every and they'll just chop up what's left. So
just to make sure that you understand how this would work, otherwise, to have a man passes away,
leaves a mother, a wife,
		
00:09:19 --> 00:09:21
			a wife, and a mother
		
00:09:24 --> 00:09:25
			and a daughter.
		
00:09:28 --> 00:09:37
			All right. So the wife would get eight, the mother would get six, right? And then she would get a
half.
		
00:09:39 --> 00:09:45
			I mean, that's what she's gonna get a half. That's your amount, because there's no universal
inheritor with her.
		
00:09:46 --> 00:10:00
			Now, if you add to this, a son, then you take this away and this becomes Asaba. They inherit the
rest, whatever's left of after you take out the eighth and the sixth, they'll just get there.
		
00:10:00 --> 00:10:04
			has to have it all together. Now which which, which in which situation? Will she get more?
		
00:10:07 --> 00:10:09
			know she'll get less with Asaba. This time.
		
00:10:10 --> 00:10:11
			Let's do the math.
		
00:10:16 --> 00:10:18
			So what's a good denominator here?
		
00:10:20 --> 00:10:24
			This case is no osobowe. Right? So do you guys have so let's see, I'm 24
		
00:10:25 --> 00:10:26
			He gets four.
		
00:10:28 --> 00:10:37
			Right? Three sorry, losing my skills and math. And he gets four. And she gets 12. Altogether, he add
them up.
		
00:10:38 --> 00:11:14
			Exactly why? Because what was because we have to look for awesome. But let's, so he doesn't have he
doesn't have a son, we look for the nearest salsa, who's who's the author of after the sun. The
sun's not there who's universally here after father, a grandfather, right? Grandson, no one's there.
We look for brothers full brothers. No one's there paternal brothers. No one's there we look for
uncles. No one's there we look for cousins, we have to get to find out. So we have to find a male
inheritor who can take the rest, right? So someone has to be there. So she gets 12 In this
situation, and then there's how much there's some left, there's like five, there are five shares,
		
00:11:14 --> 00:11:23
			they're going to sit around to find someone to take them somewhere to take them, the state will take
them if no one if there's no one there. If to glue, there's no one to take. So what happens if,
		
00:11:25 --> 00:11:26
			if the boys here
		
00:11:29 --> 00:11:30
			so awesome about with a son.
		
00:11:31 --> 00:11:37
			So they will understand what happens now. So now what they will share 17
		
00:11:38 --> 00:11:41
			Correct, they'll share 17 He will get twice what she gets.
		
00:11:43 --> 00:11:54
			So he's not gonna get 12 anymore, obviously. So you have to get the times this by three, you have to
do some math to get the number but she won't get half anymore. So this is what Asaba means. Now in
other situations, sometimes you'll get more
		
00:11:56 --> 00:12:07
			in other situations, so sometimes you'll get more because of the author by being there. And without
also you know, she'll lose money. So it depends on the situation, the number of siblings and who's
who's around in the in the picture.
		
00:12:12 --> 00:12:21
			You mentioned cousins. Is there like a limit first cousins? second cousins? third cousins? Yeah, so
first cousin, second don't count at all. Once I say
		
00:12:22 --> 00:12:23
			Arabic, there's really no
		
00:12:25 --> 00:12:31
			there's nothing for it was like I can't think of it right now. I just like just extend like your
		
00:12:33 --> 00:13:02
			uncles. Yeah. Nephew or your parents cousins? Their kids is a second cousin or is it my cousin? No,
you're my cousin's cousin, your cousin basically. But your parents cousins, your parents cousins,
their kids will be second cousin, but not the cousin of their mom's side. So he does not relate to
you at all? Probably, unless there's some weird connection, I don't know, but usually that you
wouldn't be related to them? No, no, no, no. So who are the ones who will do this to the first one
ever, no one will ever need.
		
00:13:04 --> 00:13:09
			So the sun will inherently universally inherit with their with their sisters,
		
00:13:10 --> 00:13:11
			the grandson
		
00:13:13 --> 00:13:15
			will inherit with their sisters.
		
00:13:16 --> 00:13:25
			Full brother is a good example of someone who benefits when the lady benefits from the exhibit. I'll
give an example in a minute and paternal brother.
		
00:13:27 --> 00:13:30
			So the paternal paternal brother will do the same.
		
00:13:31 --> 00:13:35
			And here's a good example of how sometimes
		
00:13:37 --> 00:13:43
			so if there's no full brother, right, and there's no full brother with me go to the maternal
brother.
		
00:13:44 --> 00:14:19
			And he inherit He is the Alpha and the lady will get some time sometimes we'll get it all or get a
very small amount. But if he has a brother around then the brothers universal inheritor and now she
will inherit with your brothers when it comes to brothers. They do sometimes they will definitely
benefit from the brother being there. I mean, they'll get more when it comes to the sun in the grass
I mean daughters and granddaughters they'll probably get a bit less when it when the when the sun is
there, but at least 10 of the inheritance will go outside of the family inherited to all stay within
the family okay well by June yet he's doing are doing now call out to Him. And there are four meals
		
00:14:19 --> 00:14:25
			that will universally inherit alone. They won't inherit with their sisters like this This one's got
nothing
		
00:14:26 --> 00:14:27
			while they're alive
		
00:14:29 --> 00:14:31
			so males who inherit
		
00:14:35 --> 00:14:37
			so without their sisters
		
00:14:38 --> 00:14:39
			inherit alone
		
00:14:44 --> 00:14:45
			women will be wild
		
00:14:47 --> 00:14:48
			so with our mom
		
00:14:49 --> 00:14:50
			so uncle's
		
00:14:52 --> 00:14:59
			your uncle can be a universal inheritor. If he is his sisters, the answer won't get anything. weapon
will mean and cousins
		
00:15:00 --> 00:15:01
			paternal cousins
		
00:15:06 --> 00:15:14
			there are no males in the family, that paternal cousin will get the Alpha but he will not share it
with his with his sisters. Women will be nephews,
		
00:15:16 --> 00:15:17
			same thing.
		
00:15:18 --> 00:15:57
			And nephew will inherit if there's a reason for it. And there's no one else and you will not share
it will also go to Al Moallem and Martock. And this is regarding if someone is freed, who was a
slave, he was freed, then there's no males in his family at all. And to look for males in the family
of the person who freed them. Of course, that doesn't really count anymore. So we don't have to
study this at all. Not to look at it at all. But to know that, all right. So basically, these are
90, these are some situations. These are the males who will inherit and their sisters will inherit
with them. sons, grandsons, for brother paternal brothers. And those are males who if they do
		
00:15:57 --> 00:16:08
			inherit, if they inherit, if they inherit, they don't always do. When if they do they do it alone,
uncles, paternal cousins and nephews, they will get alone, females, their sisters won't get
anything.
		
00:16:10 --> 00:16:13
			What is the percentage of uncles inheriting
		
00:16:15 --> 00:16:51
			a pod very, very, very, very rare. I won't even give an example about Danny Simon worth it. Very,
very rare. If you're someone who somebody passed away, he left literally no one. But an uncle then
come to those who are specialized in this and they can help you with getting the getting it all
sorted out. But generally speaking, if the five people who definitely inherited or their spouses,
parents and kids, you're good, you don't need to look anywhere else. And that's what it's what I
want you to learn from all this is that someone died, you love brothers and you love the nephews and
uncles? And does he have a kid does have a son? Yes, then none of that matters. None of that
		
00:16:51 --> 00:17:25
			matters. It doesn't matter how many brothers they have no matter, the sun will take almost
everything, give the you know the mother with her share, give the spouse her share, give the father
his Sheriff, he's there and then just give the rest of the kids. So if my brother passes away, I
don't inherit him unless he has no kids. And unless he has no father, my dad is not here or my
grandfather is not here, I really have to wipe out all the males that are much more important than
me as a brother when it comes to inheritance. So that's important for us to to kind of know your
brother loved in his will that he wants to 30 with his brother. So because I don't inherit him, he
		
00:17:25 --> 00:18:04
			can give me a third because I don't inherit him. Right because I'm not someone who's going to
inherit him. Now if I am someone who's going to inherit them, then that's different than he can give
me a third and of course that's issue of difference of opinion within this now let's read the we'll
see apart the the testimony requests and executors and that is an optional third could you give that
to somebody who was already able to inherently so so the gym who is against that fully that level?
See it anywhere? If that he says, Do you think that you don't give? We'll see it too. But if but
there are other scholars who don't have a problem with that? Yeah, I tend to side by the position
		
00:18:04 --> 00:18:28
			that somewhere in the middle that this is circumstantial. There's a circumstantial thing that
sometimes you can sometimes you can based on different circumstances that will dictate whether
that's okay or not. So I'm not fully that you can just do give your your your inheritance to one
person and not undecide died to you cannot ever, but rather, there's more circumstances that will
that will dictate whether it's okay or not. So
		
00:18:31 --> 00:18:32
			like if someone's a five year old,
		
00:18:33 --> 00:18:44
			doing or do not rush, then they still inherit and the money's held on to them for them by Yanique.
When they die five then
		
00:18:45 --> 00:18:48
			so what do they have? What Why do they have money?
		
00:18:49 --> 00:19:12
			So we have to know why they did they inherit money and they died. Yeah. So then yeah, the same thing
goes. So let's say a five year old inherits money from, from his father, I've got these are getting
into like complex calculations. And then he dies. And he leaves behind him a mother, a grandfather
and siblings, now they're gonna get their share of inheritance from him.
		
00:19:13 --> 00:19:36
			Right, so they're gonna get it from them as well, even though he never actually touched the money
because he didn't, he wasn't old enough to actually have access to it. But that money is his money
in the sitting there, so they get access to it. And that's another example, examples. Let's say,
someone passes away leaves two sons, a daughter, and then he had a daughter who passed away. And now
she has two children. Do those two children inherit?
		
00:19:37 --> 00:19:56
			Of course they do. Then those children inherit, how do they inherit? We have to calculate how much
the mother would inherit first. And then that inheritance will go to within within their portions to
the to her spouse, and to her kids and to others so so there's like a whole there's a whole
		
00:19:57 --> 00:20:00
			calculation that has to be properly done in order for us to
		
00:20:00 --> 00:20:15
			To know how much the grandchildren are going to get, but they do get they do get their rights, I
mean, they're going to be given a certain amount of inheritance. Okay. I will I will revise all the
points again, let me just want to finish the we'll see that we we finished the chapter and then
we'll revise it together
		
00:20:17 --> 00:20:23
			what the Jews will will see ya to Bill Malou mean? Well module and it's acceptable for you to
		
00:20:25 --> 00:20:46
			to give a request or or to give it we'll see I will see as when you just you when you take a certain
amount of your own you say in my will making a will I want this person to take this much of my money
or do you think that specifically from from my assets, but in my loom you will be measured whom is
it permissible to do it by specifying something
		
00:20:47 --> 00:21:04
			or not specifying something. So meaning I can say in my will, I would like us to have this go Libya.
And that is giving a will with something that is specified, or I can say I want to use have to
inherit agar Libya from Mega Libya, that's acceptable, acceptable as well.
		
00:21:05 --> 00:21:41
			Meaning it's not like oh, he didn't specify, so you don't get anything, you get something. And that
will be worked out with lawyers and the inheritors, and all that stuff, but you will get something
so even if I make a give my will I don't specify exactly what he's going to get, he still gets
something, well, my God, well, my doom Can I can make my will for you to get something that exists,
like I can give you my phone, or I can say my will that you will get whatever my my trees give this
summer, the summer after I die. So when I die, if I own an orchard like this, the summer after that,
whatever my trees bring forward in terms of fruit, their use of this my will, then you can get that
		
00:21:41 --> 00:21:43
			as well. So I'll give you that.
		
00:21:44 --> 00:22:19
			Well, he I mean a 30th. And when it comes to writing your will, you can only give from a third of
your of your wealth, you're not allowed to give more away more than a third of your wealth is your
wealth. But you can't give away after you die more than a third of it because it has to go. If you
give it away during your life, that's a different story. So if I say your use of here's my phone, I
as I'm alive, I can do whatever you want, that's my money. But if I say when I die, I want you to
have my phone. Now I say when I die, when I say that, which is a will, then I'm only controlling a
third of my assets. But if I say when I want something to happen, then I'm only controlling a third
		
00:22:19 --> 00:22:52
			of my assets. If I want to give away my assets, when I'm alive, I'm gonna give all of them away.
That's my choice. That's basically me being an idiot, because I'm giving away my money. And I'm
still alive. And when I'm at home, I'm gonna live on off stuff, right? So, but the problem was, and
why is that specific, because when you say when I'm debt when I die, well, you know, around anymore
to deal with poverty. So giving away all your wealth isn't fair to the people that are going to
inherit you who are and who are entitled by the will of Allah subhanaw taala to some of your wealth.
So you get it when I die, you're only controlling a third of your assets when you say that. Instead,
		
00:22:52 --> 00:23:10
			we'll say for Allah EJ exactly what I say if you say more, if I say I'm going to give away more than
30 When I die, it's up to the inheritors to accept that or to not accept that you just did one of
the attribute with the acceptance of your descendants? What are the what is the percentage of
descendants? So usually allow that
		
00:23:12 --> 00:23:18
			00 No one never ever, I've never seen it before. Yeah, if I do, I'll be very, very
		
00:23:19 --> 00:23:35
			surprised when someone says I want to give away a half of my wealth. And then you come and tell them
well, you can only give him a third, the other six is up to you if you want to allow him to give it
away. Yeah, and he almost never never happens, they always will take that third, that whatever is
		
00:23:36 --> 00:24:05
			more than the third Hello, item, whatever they choose, it will see your 2d worries in the video shot
here. Yeah, as I explained, you can never give a will. So you can't give your will to someone who's
already going to inherit you. You can say well, I want to give half of my inheritance to my son.
Right? And then he because he's already gonna inherit, like most of it after your after you pass
away. That's not fair. Because that's really basically just basically is taken away from the
inheritance of others. And that's why where I see is not okay.
		
00:24:06 --> 00:24:17
			To give to give, I'll give you I'll give the example. So you understand what I'm saying. And this is
the situation where I agree, you shouldn't be able to do that. And so let's say you pass away you
live, you leave behind you.
		
00:24:20 --> 00:24:22
			You leave behind you a wife
		
00:24:27 --> 00:24:28
			leave a wife,
		
00:24:30 --> 00:24:31
			you leave
		
00:24:32 --> 00:24:33
			two daughters
		
00:24:39 --> 00:24:40
			and a son.
		
00:24:42 --> 00:24:45
			So how would this work out from an inheritance perspective? How would you break it down?
		
00:24:46 --> 00:24:47
			She gets 1/8
		
00:24:49 --> 00:24:59
			and alpha they get the rest he gets he will get twice their shares. So how many shares altogether
here two daughters the son is twice so four shares. So four shares here and eight
		
00:25:00 --> 00:25:13
			Here's how we can basically keep the number eight. So she'll get one, and these guys will get seven.
No, we have to have four shares that work. So we times times it all by four, just to make it easy.
So 32,
		
00:25:14 --> 00:25:15
			four,
		
00:25:16 --> 00:25:22
			I always suck when I can never do this, right? So 14, and then seven plus seven, right?
		
00:25:23 --> 00:25:24
			Does that all add up?
		
00:25:26 --> 00:25:29
			As it does, right? So that's what, so seven for each daughter and 14 for him.
		
00:25:31 --> 00:25:36
			So if someone when he passes away, he says, I want to give half of what I own to my son.
		
00:25:39 --> 00:25:44
			He's already getting 14 out of 32, you give him another half, where's that half going from?
		
00:25:45 --> 00:25:52
			Right, it's going away from the wife. Now the wave is not gonna get because now we're not working
with 32 anymore
		
00:25:55 --> 00:26:08
			are we working with we're working with half of that, because half of it went to the sun. Or let's
say a third of this a gives a third to the sun, or a fourth to his son. Now we're gonna take away a
fourth from from here, we're gonna have 24 instead,
		
00:26:09 --> 00:26:22
			she's gonna get an eighth of 24 not an eighth of 32. Because this person is already getting, we're
just adding to him was adding a lot more to him. And we're taking it away from the daughters will
take away from the weight and that's not okay. I don't I don't think that's okay.
		
00:26:24 --> 00:26:31
			What is the situation where I need? Some scholars have talked about being okay. Here's an example of
something that would be okay.
		
00:26:33 --> 00:26:35
			So someone passed away left the
		
00:26:36 --> 00:26:37
			left a mum,
		
00:26:40 --> 00:26:41
			a wife
		
00:26:44 --> 00:26:44
			and a daughter
		
00:26:49 --> 00:26:50
			the mother get here.
		
00:26:52 --> 00:26:56
			Six, right, because this child, she gets an eight.
		
00:26:57 --> 00:26:58
			Don't forget,
		
00:26:59 --> 00:27:00
			we're going to be left at the end.
		
00:27:03 --> 00:27:10
			Let's say make this 24/7 was gonna be 17.
		
00:27:11 --> 00:27:14
			Sorry, a 12. To this five,
		
00:27:15 --> 00:27:49
			extra, let's say he doesn't have also about or that's a bunch of very far away. Alright, they're not
an intrinsic part of the family or there's someone, there are people who are this killer, whether
they inherit or not. If you give us we'll see five years to a daughter. I don't see it to be
problematic. meaning making sure that she has she takes the rest of his inheritance. Yeah. You have
to be specific nhsa that the rest of Yeah, which is what it was going to end add up to at the end.
Which is the same same thing just worded differently. It's all the same. If you know that this is
what he's leaving behind. So in this situation, yes. The Shafia is still don't see it's okay, by the
		
00:27:49 --> 00:28:04
			way, or the gym. Cool. I'm just saying that this is the type of situation where I will see
circumstantially it's okay to give a word I just haven't seen because I told you circumstantially I
think sometimes it's acceptable. This is an example where I think would be acceptable. Another
example is not because basically you just ripping off the rest of the world for
		
00:28:07 --> 00:28:27
			whatever you want to do, it's totally up to you. But you cannot, you can only control a third of
your assets. After you die during your life, do what you want. If your Yanni had sympathy for you,
during your life, want to give away all your wealth that's up to you, the Prophet of Islam did you
need advise against that? And there are there are legal ways if you are terminally ill for you not
to be able to do that.
		
00:28:29 --> 00:28:54
			And we talked about that before. So if you're terminally ill, and divorcing your wife and giving you
your wealth is not permissible and you can't do it anymore. Like you were you sucked all your life.
And now you're gonna die and you want to be good. So you divorce your wife and you give away your
mind. No, no, you're right. I'm gonna duck and give away a third. You're dying. You're not gonna rip
off all of your descendants after you die. If you raised a bunch of brides that's not your fault to
begin with. Okay?
		
00:28:55 --> 00:28:55
			Um
		
00:28:57 --> 00:29:23
			without the Jews it will cease to be worth ill and new jeiza Balclutha so it's not acceptable for
you to give a will see it to someone who's inheriting unless the rest of the inheritors are okay
with it. So the shadow of your ear have this condition and that's why I'm okay with that being said
because the showrunner you have an exception they say if the rest of the inheritors are okay with
you giving one of their narratives more and what is the percentage of that happening?
		
00:29:25 --> 00:29:59
			Also zero like we're like pressured like Yeah, exactly. Yeah so so when people die again it's
usually only when it's a woman when you're just pressuring women. You only do this only works when
the when the brother pressures the sister not to take her part of the what if that which is which
sucks and is disgusting and it shouldn't happen but it happens anyway. But generally speaking, if
the * of the inheritors are okay with their father, for example, to give one of the kids a bit
more than that's fine. So as long as so since the child as see an exception acceptable that's why
I'm
		
00:30:00 --> 00:30:31
			okay with certain other exceptions. So the example I gave you, I don't think the wife or the or the
mother would be would find it problematic that the daughter got a bit more. Right, they would be
fine if you just had to talk to the officer. But if there's ossabaw, around, whenever there's no
Asaba, at all, there's going to the state, and then all that all would have to, although it would
have to happen in order for the girl to take the rest, is the father raising the will and the mother
and the wife be okay with it for the Shekinah? Yeah. So there are ways for you to write your will
and give it to someone who's inheriting it just for the HIV Yeah.
		
00:30:33 --> 00:30:38
			You, you have to make sure that the rest of the inheritors are okay with the actual decision.
		
00:30:39 --> 00:31:03
			What I heard was a year to mean coolly valid in Killeen, liquidly, maternal leakin, visa vie, visa
vie Lightoller. And it's acceptable, the will is the will is acceptable, it's permissible to be
given from someone who is available out there who is seen, and who is old enough to own to make this
decision. So for the example that I was given, let's say a five or six year old,
		
00:31:04 --> 00:31:12
			passed away, and a six year old, put something in his will know, because he's not bad enough, he's
not, he didn't reach the age of maturity. So he can't make that decision yet.
		
00:31:14 --> 00:31:50
			Liquid limited and leaking, and you can give a part of your will, to those who are capable of
ownership, for those who can actually own wealth or own assets, if they don't, if they can't own
anything, then then you can't give them a will. So you can't give you a will, for example, and this
is what he meant here, which is not the law, it is that you can't give your will to a slave because
he can't own anything yet. So you have to hold on to it until they're freed. Well, he said he liked
that you can do it for charity, for the sake of Allah subhanaw taala. But also you have to either
manage them or it comes to this hamster soil. And what's the meaning
		
00:31:51 --> 00:32:27
			for you to give not is not giving a will. This is putting someone responsible for your assets and
your wealth to take care of your money after you are to take care of children who are going to own
money after you pass away. So what do you do? Who do you give it to? You give it to everyone, how's
that five can have five characteristics that Islam has to be a Muslim is below the age of maturity,
a lot of you have to be seen in Korea, they have to be free can be a slave, and then they have to be
trustworthy, there's not there's not regarding who you give your will to, is who you're putting the
will and whose hands me I want to I'm going to pass away who's going to take care of my will.
		
00:32:29 --> 00:32:45
			So I have to look somewhat or someone who has these five conditions, they have to be Muslim, they
have to be age of maturity seen free and they have to be trustworthy, so that they can take forward
this will, because it's very easy for wills to be distorted or to be manipulated after someone else.
		
00:32:47 --> 00:32:51
			Once you do, yeah, but again, this is an old
		
00:32:52 --> 00:33:24
			there's really no specific evidence to support this. Within the show. Yeah, this is the there's more
month, okay, this is more just common sense of the scholars at the time. But here because all
lawyers are bound by the same law after it doesn't make a difference, really. But it's probably
better that you do it by a Muslim lawyer who understands how, why these how these things work. Okay,
so let's just do a recap of what we talked about. Next time. We'll start Kitab indica, we'll talk
we'll talk about the marriage or something new. Abdullah is already out and he is prepared. He can't
wait for me to start talking about this. So yeah.
		
00:33:26 --> 00:33:43
			doesn't really say anything about non Muslims. It did it didn't you just weren't here last time it
did. So let me let me we don't the mediumhard is not okay for Muslims to inherit non Muslims or non
Muslims to inherit Muslims who?
		
00:33:45 --> 00:34:24
			Who differed on that, like who are the scholars differ on that item in Jebel Ali, Allah one who has
an basally Muhammad in the Hanafi. One, these are the four or five scholars is another one that can
remember the fifth guy, five scholars of the Sahaba debating who did not see a problem in Muslims
inheriting from non Muslims or non Muslims inheriting from Muslims, but the gem who sees it not to
be permissible will allow it in the gym who understands is based on on animosity, meaning at a time
of war at a time where many Muslims and non Muslims are on the opposite sides of the rails and
people are fighting and will have on the other scholars who said it was okay, we're looking at it
		
00:34:24 --> 00:34:42
			because all four of them, by the way, are five of them. What they have in common is that they lived
in communities where there were Muslims and non Muslims living in the same city and they were
visiting each other and people would accept Islam from this family and the Father. So they gave this
photo like that hamdulillah Ali or it might have been Shabbat when lived in Yemen for a while.
		
00:34:43 --> 00:34:59
			So yeah, that is something that that is there is a photo for it by people who have great knowledge.
Okay, yes. The will it's up to that to be written or it can be written it can be verbalized, it
could have witnesses, it can be without witnesses to be your signature.
		
00:35:00 --> 00:35:05
			Best thing is that it's certainly a sign that there's witnesses even better. You just to solidify in
your
		
00:35:08 --> 00:35:16
			mind my arteries are yours and shallow inside. I don't have any orchards but and surely, if I do,
there'll be useless and shallow ones they pass away. So let's talk about
		
00:35:17 --> 00:35:22
			who just kind of a quick recap. So always
		
00:35:24 --> 00:35:26
			that's all I'm gonna write, always inherit.
		
00:35:29 --> 00:35:30
			Right parents
		
00:35:36 --> 00:35:37
			father and mother,
		
00:35:39 --> 00:35:39
			both
		
00:35:42 --> 00:35:44
			husband and wife,
		
00:35:45 --> 00:35:46
			children
		
00:35:50 --> 00:35:53
			son, and daughter. Now,
		
00:35:54 --> 00:36:11
			you guys who always inherit, there is no situation where these guys will never not inherit.
Naturally, if you have all them you don't need to look outside. If you have these guys because the
only desk about the rest of the family, no one cares if he has 15 Brothers or 100 brothers or
sisters if he has these people alive?
		
00:36:12 --> 00:36:15
			How much does the father get? Or the mother get?
		
00:36:16 --> 00:36:24
			So one of two things either six, if there are any children or brothers or? Or a third? What is the
father get?
		
00:36:27 --> 00:36:29
			Either a six or
		
00:36:31 --> 00:37:08
			Asaba never forget that. All right, never forget the father is the only person he's the only person
with an all the different people inherit who is someone who was given a certain number, and is also
about the same time because people inherit one of two things. Either you are given a percentage,
like your 68, the fourth half, two thirds, whatever, you get a number or your awesome like we just
you just take the rest, and you just clean the table. So the father is the only one and that's the
importance of the fathers and how this all works is that he can be given a percentage of always
getting a percentage. And sometimes we'll take the rest as well. Depending on the situation of
		
00:37:08 --> 00:37:17
			course depending on the situation is not everything with your father, you had to take the rest No,
there is specific specific situations. Okay, spouses husband, how much is the husband get
		
00:37:19 --> 00:37:27
			worst case scenario, you'll get a fourth of what your your wife owns. So be give her money, give her
money, it's okay, you're gonna get it back until they're good.
		
00:37:28 --> 00:37:30
			And if he doesn't have kids, what do you get?
		
00:37:31 --> 00:37:32
			inherit that you take half of what she owns
		
00:37:34 --> 00:37:35
			away for this year.
		
00:37:36 --> 00:37:45
			And eight if the kids in a quarter as you said, if there are not any sort of half basically what the
deposit mean? What is the daughter get? If she's alone.
		
00:37:47 --> 00:37:57
			She'll get a half and the son is awesome. And he's example Vasa with his sister. So make sure your
sister gets with him make sure you'll just get twice the amount that she gets.
		
00:37:59 --> 00:37:59
			Okay.
		
00:38:01 --> 00:38:22
			All right. I'm not going to talk about who doesn't inherit at all. But I'll quickly remind you is
usually slaves. People who killed the disease if you kill the disease you didn't you're not gonna
inherit them. Those who commit apostasy for the majority of scholars, and there are two religions
like I said for the majority of scholars, but there are different exceptions. husband and daughter
they didn't happen
		
00:38:24 --> 00:38:44
			so husband and there's only a husband and a daughter then they split it right down the middle. But
what happens if there's a father okay? See, this is what you have to use what you have to think you
know, thinking so you're saying that means you didn't I didn't teach you well, so you know you just
proven I didn't teach you so he left he left her husband
		
00:38:47 --> 00:38:48
			and daughter
		
00:38:51 --> 00:38:53
			first of all, how many is the husband get when there's a kid involved?
		
00:38:55 --> 00:38:55
			You gotta have
		
00:38:57 --> 00:38:58
			didn't get to have you as a hoarder anyway.
		
00:39:00 --> 00:39:01
			That's not my problem.
		
00:39:02 --> 00:39:04
			Half were who's also
		
00:39:07 --> 00:39:24
			your has to be asked you have to look for them. So you start with the sun. Is there a sun? There's
no sun. Okay, is there a grandson? There's no grass? Is there a father and there's no father
grandfather? No grandfather. Is there a paternal brother a full brother? No. A paternal brother No
an uncle. The second thing is going to be who are the
		
00:39:26 --> 00:39:31
			universe ossabaw Universal inheritors. Also about
		
00:39:33 --> 00:39:47
			who will take the rest? So this is this is a problematic calculation. I had we were missing someone
here. Man. We have to find someone who can who can inherit the rest. So let's go through the list.
Last but isn't
		
00:39:49 --> 00:39:57
			it did it prioritize with the most important so the sun is here. You don't care how lost the sun is
here. Alright, don't look.
		
00:39:59 --> 00:39:59
			Grandson
		
00:40:00 --> 00:40:00
			My
		
00:40:02 --> 00:40:05
			grandson is there then you don't look
		
00:40:08 --> 00:40:13
			after that you move to the Father. Like I said he's the only one who gets both this and this
		
00:40:16 --> 00:40:18
			grandfather, his dad
		
00:40:20 --> 00:40:23
			Domo luckily Arabic you and what you own is your dad's at the end
		
00:40:25 --> 00:40:30
			you're a part of him anyway so someone who they love William, then full brother
		
00:40:34 --> 00:40:36
			and then paternal brother
		
00:40:46 --> 00:40:48
			you know, am I right? Yes, I'm right.
		
00:40:51 --> 00:40:52
			Then full nephew
		
00:40:58 --> 00:40:59
			paternal nephew
		
00:41:05 --> 00:41:05
			uncle
		
00:41:09 --> 00:41:10
			So, Uncle
		
00:41:15 --> 00:41:16
			those
		
00:41:18 --> 00:41:20
			Yeah, like hold off for a moment.
		
00:41:21 --> 00:41:24
			prove you wrong. Like all these that have to be done.
		
00:41:26 --> 00:41:31
			So this guy here this poor guy here at this poor lady she died, she left her husband, a daughter
		
00:41:33 --> 00:41:34
			and wonderful nephew.
		
00:41:37 --> 00:41:41
			I don't know probably like that. No problems like that. Or just just an uncle.
		
00:41:43 --> 00:42:03
			She came from a let me give you example, she gave him a very simple family. Her. Her father had one
brother, her father died a long time ago. She lives her anger for a while he's an only child. Right?
She didn't know anything else about their family. She dies, she leaves a husband and a daughter and
that uncle. Right. So that Uncle now
		
00:42:06 --> 00:42:06
			is awesome.
		
00:42:09 --> 00:42:30
			It takes it all. Now the question is, is he a guy? Who is he a male who inherits with his sisters
without a sister who just said it? Without? Yeah, so he doesn't. If there's a sister, meaning she
could be this lady who died? She could her family could be she has a father, an uncle, and 15 hence,
		
00:42:31 --> 00:42:32
			right?
		
00:42:33 --> 00:42:34
			It doesn't matter.
		
00:42:35 --> 00:42:37
			She doesn't have these guys.
		
00:42:38 --> 00:43:22
			She'll make it down to the uncle or make it down to a cousin. If during the process of finding out
the numbers a son was born, does that mean a son was born? So like if she's dead? How is she going
to give birth? Like if the guy if the guy was forced? Yeah. So this is a different story altogether.
If he dies and leaves a pregnant wife that's a whole different calculation now. Right so this is a
whole different calculation if he left a pregnant wife, when he died, everything changes. Now we
treat that that fetus as a full human being right and we hold on to the money the money stays until
the kid is is born full and full health if he's not burnt born in full health that money is taking
		
00:43:22 --> 00:43:26
			back and we do the calculation as if there was no kid to begin with.
		
00:43:27 --> 00:43:45
			This is where things become complex. If he's born in full health that money becomes his if he dies
later on and then he those who inherit him. So essentially, the complicated becomes a bit
complicated if some if he leaves a pregnant wife, but but it still it still works out. Yes. No
matter how far along Nope, doesn't matter, as long as we know that she's pregnant.
		
00:43:49 --> 00:43:50
			Like from the husband,
		
00:43:52 --> 00:44:07
			or wife, we're definitely gonna have any support. Oh, definitely. That's a different thing he's
gonna get she's gonna get the support from his wealth throughout her pregnancy, outside of
inheritance, and that will be taken out before we even talk about the inheritance. So get that
immediately.
		
00:44:09 --> 00:44:14
			So these are the guys who are also but right these are important, important thing to know
		
00:44:15 --> 00:44:20
			about universal inheritors, they take it all.
		
00:44:25 --> 00:44:28
			Where do problems come up most in terms of
		
00:44:29 --> 00:44:30
			these things.
		
00:44:32 --> 00:44:37
			Siblings, siblings are the biggest problem when it comes to.
		
00:44:38 --> 00:45:00
			When it comes to inheritance. Your brother passes away. And you some for some reason you feel that
you're entitled to some of his wealth after he passed away, even though he left a number of sons and
daughters. So he left a big family. For some reasons siblings feel entitled to some of the wealth of
their siblings. Even though they don't get any of it. The father will get it
		
00:45:00 --> 00:45:08
			The mother will get the spouse and then the kids and then you're completely left out as a sibling,
from your brother as wealth. And it's problematic, especially if their brother was,
		
00:45:09 --> 00:45:38
			was wealthy. So he was a millionaire, he left a lot of money. So you know, everyone's gonna get a
good share. There's no reason to be greedy. I used to work with the brother a lot I used to, I was
my idea to begin with, and he just never gave me and I don't, he ripped me off. He bought this from
me back in the day. And I once I lent him like $5 million, like 50 years ago, he never paid me back
now use it for so the problems begin from that the siblings siblings are the biggest problem when it
comes to inheritance. From a practical perspective,
		
00:45:39 --> 00:46:02
			why is it that the husband is getting more than the wife, and the son is getting twice? What the
daughter gets sent? The father is always getting more than the mother? What is the reason for this?
And Islam? Why is it that we're always giving the male more than we give the female? Is this just is
this in jest? Or is it? Is there a wisdom behind it? Well, basically, just to make this very simple.
		
00:46:04 --> 00:46:19
			It's looked at from two from two angles. Number one, from a family perspective of languages, the
womb, will bring people together. But it's the males line that is held on, meaning it's the males
line that will be
		
00:46:20 --> 00:46:28
			preserved throughout history. The females line is not preserved throughout history mean, you know
who you're
		
00:46:30 --> 00:47:07
			related to your mother's genes, but the line is not preserved through the mother is preserved for
the father, fasten your name, and give me your name, name of your dad, the name of your granddad and
name and that last name, I'm not going to give me your mother's last name, or through your mother.
In that in the preservation preservation of lineages, and Heritage's through males and through men
is why dasa Bajra. All males mean, those who universally inherit are the males because they can hold
on to the family, because the family name is taken through males, not through females. And it
actually works. It's much more practical that way. It's much more practical for the first to happen
		
00:47:07 --> 00:47:52
			that way. If you inherit, there was going to be the female while she takes it all. And then she
marries someone, the kids aren't going to be named after her even after him. And now the man who
lived all his life and worked, all his wealth are going to those who are not carrying his last name
not carrying his lineage to begin with. And that isn't fair for people who put so that's one number
two, actually to see things but the two are two main ones is that men are legally and religiously
responsible for their female counterparts. So the brother is legally and religiously responsible for
the financial well being of his sister. He's fine. He is religiously and legally responsible to take
		
00:47:52 --> 00:47:56
			care of her with his own wealth. Not even with her wealth. He doesn't eat