Matn Abu Shuja #37

Adnan Rajeh


Channel: Adnan Rajeh


File Size: 44.23MB

Episode Notes

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

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Wait until seven

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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

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during his early days as a judge, because they were kind of

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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.

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Hope you guys remember how we do this. She leaves a husband,

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the mother

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or the people who always inherit?

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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.

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And Father,

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does she need to also about this, you need a universal inheritor? Is there a one here?

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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,

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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?

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So disposable get half that is funneled?

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What will the mother get?

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When there's no kids or brothers?

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She gets a third, and the father gets a six plus the rest?

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No, what happened here

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is that there is no rest. Right? There's also because this adds up to one four,

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and the Father is getting half of the mother.

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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

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l burpee

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the rest the rest of what the rest of whatever is left after the half is taken out.

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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

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understanding how this others what his photo was in this. So let me explain again,

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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

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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

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how much he's going to share. The other half, how much is he going to get from this half?

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third of the half, and he'll get the rest.

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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

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doesn't get three, the mother would get two and the father would get one

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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.

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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

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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.

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Let's say that the one who died was a man, he left a wife and two parents. So he left

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So Amanda, I left a wife, a mother a father, how much is the wife get without any kids being around?

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No, she gets a fourth

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and then a third, and then also about her above me.

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So if you break this down,

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maybe it's down to 12 I guess. Then

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third 347.

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And then he gets five.

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So in other

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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.

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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

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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.

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So what would happen if you didn't get a third of the three quarters?

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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.

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So that's the MSL allometry 10 I'm gonna get 10

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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.

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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

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Ibnu I've known ebony what a home and what a home.

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Universe universally inherit

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with their sisters.

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And they are called Alpha.

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Universal inheritors.

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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,

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a wife, and a mother

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and a daughter.

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All right. So the wife would get eight, the mother would get six, right? And then she would get a half.

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I mean, that's what she's gonna get a half. That's your amount, because there's no universal inheritor with her.

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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.

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has to have it all together. Now which which, which in which situation? Will she get more?

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know she'll get less with Asaba. This time.

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Let's do the math.

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So what's a good denominator here?

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This case is no osobowe. Right? So do you guys have so let's see, I'm 24

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He gets four.

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Right? Three sorry, losing my skills and math. And he gets four. And she gets 12. Altogether, he add them up.

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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,

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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,

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if the boys here

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so awesome about with a son.

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So they will understand what happens now. So now what they will share 17

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Correct, they'll share 17 He will get twice what she gets.

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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

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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.

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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

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Arabic, there's really no

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there's nothing for it was like I can't think of it right now. I just like just extend like your

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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.

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So the sun will inherently universally inherit with their with their sisters,

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the grandson

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will inherit with their sisters.

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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.

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So the paternal paternal brother will do the same.

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And here's a good example of how sometimes

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so if there's no full brother, right, and there's no full brother with me go to the maternal brother.

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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

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that will universally inherit alone. They won't inherit with their sisters like this This one's got nothing

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while they're alive

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so males who inherit

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so without their sisters

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inherit alone

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women will be wild

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so with our mom

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so uncle's

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your uncle can be a universal inheritor. If he is his sisters, the answer won't get anything. weapon will mean and cousins

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paternal cousins

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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,

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same thing.

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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

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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.

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What is the percentage of uncles inheriting

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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

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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

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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

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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

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like if someone's a five year old,

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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

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so what do they have? What Why do they have money?

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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.

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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?

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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

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calculation that has to be properly done in order for us to

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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

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what the Jews will will see ya to Bill Malou mean? Well module and it's acceptable for you to

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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

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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.

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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

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as well. So I'll give you that.

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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

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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,

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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

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00 No one never ever, I've never seen it before. Yeah, if I do, I'll be very, very

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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

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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.

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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.

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You leave behind you a wife

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leave a wife,

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you leave

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two daughters

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and a son.

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So how would this work out from an inheritance perspective? How would you break it down?

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She gets 1/8

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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

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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,

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I always suck when I can never do this, right? So 14, and then seven plus seven, right?

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Does that all add up?

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As it does, right? So that's what, so seven for each daughter and 14 for him.

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So if someone when he passes away, he says, I want to give half of what I own to my son.

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He's already getting 14 out of 32, you give him another half, where's that half going from?

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Right, it's going away from the wife. Now the wave is not gonna get because now we're not working with 32 anymore

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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,

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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.

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What is the situation where I need? Some scholars have talked about being okay. Here's an example of something that would be okay.

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So someone passed away left the

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left a mum,

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a wife

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and a daughter

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the mother get here.

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Six, right, because this child, she gets an eight.

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Don't forget,

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we're going to be left at the end.

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Let's say make this 24/7 was gonna be 17.

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Sorry, a 12. To this five,

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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

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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


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 breasts 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


00:35:42--> 00:35:44

husband and wife,

00:35:45--> 00:35:46


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


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


00:40:00--> 00:40:00


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


00:41:09--> 00:41:10

So, Uncle

00:41:15--> 00:41:16


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


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