DONATION APPEAL!

ALL our Projects are FREE and with no advertisements.

We serve millions of downloads a month... Now! Imagine earning on-going rewards of every lecture and quran audio and so on.

As well as helping us cover our running costs and future projects!

mufti menk image

"I really think this is one of the greatest causes one could support"

    Become a Patron
    Donate via PayPal

More Information and Options

Essential Fiqh Class – Sunday October 3, 2021

share this pageShare Page
Daood Butt

Channel: Daood Butt

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


00:00:00--> 00:00:32

La to LA he was Salam O Allah be here Karim Allah He of of Salatu Adama tasleem arbitrarily saw the way acidity emri Hallo opposite Emily Sani yufka who coli, my brothers and my sisters send em radical Morocco to LA he will borrow capital. It is Sunday night, October 3 2021. And we continue with our class on essential Fiq. We are in the chapter of inheritance. And we learned last week about the different categories of

00:00:34--> 00:00:40

people who inherit right from amongst the men or males who inherit, we also learned

00:00:41--> 00:00:56

causes that entitle a person to be an heir, right things that allow a person to inherit, we looked at factors preventing someone from inheriting such as murder, right if the person who murdered

00:00:57--> 00:01:00

a family member or relative who they would inherit from.

00:01:02--> 00:01:32

So then that by default, that person would not inherit from them because of the action that they committed. And of course, that's a way as I mentioned last week, that Islam protects us, right? It teaches the person who commits murder, that you will not inherit from the person that you harmed. For example, being of a different religion, right? We mentioned that as well as the reasons why a person would not inherit from someone else.

00:01:34--> 00:01:45

Prior to that, we learned about the quests. We also looked at some of the proofs and evidences from the Quran for inheritance

00:01:46--> 00:02:18

and also what is inherited. Today we look at females who inherit and I went through them very quickly last week on Sunday, and so we'll go through it again in short, a long time so the categories of females who inherit First of all, number one and number two is the daughter and the daughter of the son. Right so the daughter and the daughter of the Son, no matter how far down it goes, right so Allah Subhana Allah says you'll see whom Allahu Allah Deacon, can you see on the level fee I will gladly come.

00:02:21--> 00:03:07

Allah subhanho wa Taala Allah says Allah commands you as regards to your children's inheritance to the male, a portion equal to that of two females. Number three number four of the women are females who inherit the mother and the grandmother Allah subhana wa tada says, when he a boy he equally were hated men who must suitors for parents a sixth share of inheritance to each so the mother and the grandmother the great grandmother, the great great grandmother and so on. The next category is the sister right? A person sister so if someone passes away and they leave a sister behind Allah Subhana Allah says in the middle on Hello Kelly so what are the one who often fell to her knees for my talk?

00:03:08--> 00:03:30

If a man if it is a man that dies leaving a sister but no child she shall have half the inheritance. Now remember, I'm just mentioning briefly the people who are eligible to inherit right. But then, as we will learn today, you know, there are certain things that may block a person from inheriting

00:03:32--> 00:03:49

number six, the wife, right a person's wife she can inherit from her husband, when a Hunan rooby Roo min talk to him. Allah subhanho wa Taala says in that which you leave, your wives share in a fourth, right so a quarter 1/4

00:03:50--> 00:04:20

and then the last category of females who inherit the woman who freed a slave, and the Prophet sallallahu alayhi wa sallam said, The Wallah is for the one who did the freeing, okay, so the person who freed a slave, then that person is entitled to inheritance. Alright, so now that we've gone through the categories of both the males and the females who inherit What about those who have the right to an estate

00:04:23--> 00:04:47

that that breaks down into so out of all these people, it breaks down into certain percentages. Now we can go through as I mentioned, the percentages which we will ensure a loan to Allah However, keep in mind when it comes to inheritance, and I've said this before, and I'll say it again, when it comes to inheritance. You know, it isn't just a cookie cutter solution.

00:04:49--> 00:05:00

So someone says, Oh Allah subhana wa tada says, What 100 robot I mean metadata. Crops right I get a quarter know, there are certain factors that may be in place.

00:05:00--> 00:05:28

For example, if someone passes away and has parents that are still alive, they have spouse that is still alive. They have children that are alive. They have nieces and nephews, they have cousins, they have siblings, they have grandchildren, they may have grandparents as well as how to love the closest to the person who passes away, or the people who will inherit first as it will be divided that way. Okay.

00:05:30--> 00:05:44

So let's look at this in sha Allah. And again, don't go crazy with the numbers, okay? This is in fact, I just want to skim through this, right? Because when it comes to inheritance, you

00:05:47--> 00:06:07

you will find people wanting to figure out who gets what, before they even pass away. But like I said last week, you never know who's going to die first you don't know if we we don't know if we will pass away before other family members and relatives, we don't know if they will pass away before us, we don't know if we're going to pass away altogether. It happens at times where

00:06:14--> 00:06:59

happens at times where multiple generations are in the car, or walking down the street, right? As we saw in London, where the family who was going for a walk the Father, the mother, the daughter, and the grandmother of the child, right all passed away. And so when a single person sits down and tries to figure out their inheritance, that's not something that we encourage, we actually discourage it. Once a person passes away, those who survived that person, those who live past the time of that person's death, they will go about figuring out who gets what, who inherits and who doesn't. So we'll we'll basically just mention what Allah subhana wa Jalla lists to us in the Quran. With

00:06:59--> 00:07:04

regards to the percentages of who is to inherit what, first of all,

00:07:05--> 00:07:14

the portions that Allah Subhana Allah has stipulated and divided up within the Quran are broken down into five,

00:07:16--> 00:07:37

sorry, broken down into six categories. So there's one half 1/4, which is a quarter 1/8, one, two thirds, 1/3 and 1/6. Okay, so they're broken up into six categories. We'll go over that again. One half,

00:07:38--> 00:07:46

1/4, quarter, 1/8, two thirds, 1/3

00:07:47--> 00:08:03

and 1/6. So those are the six sort of portions that Allah Subhana Allah mentions in the Quran. With regards to inheritance and how much each person will get. We'll go through that right now. So first of all,

00:08:04--> 00:08:46

we'll start with one half. So those who can possibly receive one half are five categories. So there are five types of people who could possibly receive half of a person's wealth once they pass away, to start off with the husband, if his wife did not have any children, so the husband could possibly inherit, and this is why I say could possibly write because, again, we don't know who's going to pass away. What if the husband and the wife passed away at the same time? What if the husband and the children pass away at the same time? What if you know, certain people are grouped together and they pass away at the same time, so we look at it as a possibility. So with regards to the

00:08:46--> 00:09:21

inheritance of one half of a person's estate, Allah subhanho data breaks it up into five categories. First off the husband if his wife did not have any children. Okay, so cool seeing Graham on here, I saw lots of article by Graham. Nice, nice seeing you online and I'm gonna leave that up. I can click this. Right Graham was a high school classmate and friend of mine, and I hope you're doing well hope your family is good. Your parents, your sister, and I hope your family is well in your children. I'm going to law

00:09:23--> 00:09:43

so the husband could possibly receive one half of his spouse's inheritance right what she leaves behind her estate I should say. If the wife did not have any children and Allah Subhana Allah says in the Quran, welcome this former tharaka as well to come in lamb jaquan Levin well that

00:09:45--> 00:09:59

in that which your wives leave, your share is half if they have no child. Now remember some people like okay, what is the wife get? Just wait. Alright, let's go through this one at a time. Okay. So the husband Allah says in

00:10:00--> 00:10:23

What's your wife leaves you? Your share is a half if she had no children, okay? The second person who could possibly receive half of a person's estate is a person's daughter. Allah says in the Quran verse number 11, sorry, surah verse number 11 surah number four,

00:10:24--> 00:11:17

sort of Tunis up, he says what in can that way the attendant fella harness? If only one daughter, right? If a person has only one daughter, her share is half. So what daughter could actually inherit half of the estate of you know someone who passes away. The third category of person who could possibly receive half of the estate is the granddaughter through one's son. So the granddaughter via a person son. by consensus, she takes the same place as the daughter. Okay, the granddaughter takes the same place as the daughter. All the scholars agree as ignore munzer Ramallah said all the scholars agree that the sons of the Sun and the daughters of the Sun take the place take the same

00:11:17--> 00:11:46

place as one's sons and daughters, the male's the same as the males and the females the same as the females if the deceased did not leave behind his son from his family. Okay, so I know this gets a little bit complicated. This is why I said last week for our inheritance is not something that everyone can just be like, Okay, I get this amount, I get that amount. Now, aesthetically, it's broken down. And you know what, to make it even easier.

00:11:47--> 00:11:50

In fact, it was one of the most difficult things to

00:11:51--> 00:12:29

aside from sort of, one of the harder topics to study within the dean is follow up inheritance because it requires math and it requires memorization and requires knowing who's who in the family who's related to who, and who survives, and who blocks who, right. So you need to know if this person is alive, then that person gets blocked out. But you know, because of their presence, because they're alive, they no longer inherit and so on. So it is complicated. This is why I said we're just going to go through it so that you have a general idea as to who could possibly inherit what or what percentage. And then of course, when we look at it in terms of percentages or portions. The reason

00:12:29--> 00:12:48

why we do that is because every person's estate, could be of a completely different amount. So a person might have $10,000 of savings, a person may have no savings, another person may have 1.5 million another person could have 25,000 250,000 everyone has a different amount of savings, right?

00:12:49--> 00:12:56

Or not only savings, but assets, right? wealth that they own and possess.

00:12:58--> 00:13:18

Okay, the fourth and fifth category of people who could possibly inherit half of a person's estate is the full sister and the half sister from one's father. So the full sister is in a person's direct sister, right? Someone has a sister and the half sister from one's father.

00:13:19--> 00:14:09

A lost family Subhana Allah says in in Maroon halakhah Lisa, one on one who often fellahin this format of rock, if it is a man that dies leaving a sister but no child shall have half the inheritance. Okay, let's move on. Now we move to one quarter. So the people who could possibly inherit a quarter of someone's estate breaks down into two categories. First of all, the husband, if the wife has a child, so if the wife has a child, right, the husband with his wife, if she has a child, then he could possibly inherit one quarter. Okay, one quarter. Remember, in the previous set of categories, when we were talking about half of the estate, we said the husband if the wife did

00:14:09--> 00:14:31

not have any children, but if the wife has a child, then the husband no longer gets that half. The husband inherits only one quarter Okay, so the husband if the wife has a child the last minute Allah says in Canada Honda Well, I don't follow Kumar robot only matakana.

00:14:33--> 00:14:42

In that what your wives leave, your share is half if they have no child, but if they leave the child, you get a fourth of that which they leave.

00:14:43--> 00:14:59

The second category of of people that could possibly inherit a quarter of a person's wealth or estate is the wife if the husband does not have a child. So the wife if the husband does not have a child well

00:15:00--> 00:15:12

Hello Robert remember Dr. ilam jaquan law calm when it in that which you leave their wives, right your wife share is a fourth if you leave no child.

00:15:14--> 00:15:14

Okay?

00:15:17--> 00:15:30

Now we've moved to the next category, the next portion, those who may receive 1/8, okay, those who may receive 1/8 is only one category,

00:15:31--> 00:15:45

the wife, if the husband has a child, so the wife, if the husband has a child, she receives 1/8 of the estate by default. Okay, so all of these are technically by default.

00:15:47--> 00:15:51

If a person passes away and leaves their wealth behind, right?

00:15:53--> 00:16:22

last Halloween, Allah says in verse number 12, for in Candela, Cornwall, Edwin fellow Han, a tsunami matter doctor, but if you leave a child, they get an eighth of that which you leave. If you leave a child, they get an eight, as in the wife will get 1/8 if the husband has a child that survives him, right that lives beyond his death.

00:16:24--> 00:16:59

Okay, so that was three categories half a quarter, and 1/8. Okay, so we have three more categories to go three more portions to go. Then the next portion is two thirds, luck about who is going to receive two thirds. We spoke about those who receive half but what about those who receive two thirds a law about two thirds is like Michelle law we're getting, like imagine if someone has $999,000 that they leave behind 999,000?

00:17:02--> 00:17:13

Just the same million, right? We're let's make it even lower because not everyone leaves behind a million. Even though if you own a house nowadays, you probably do have million because that's how much they cost out here in Toronto.

00:17:14--> 00:17:38

But let's just use $100,000. Right? Someone has $100,000.02 thirds means $66,000 just over $66,000 of inheritance. Who gets this? All right, let's look and see. This can be broken down into four categories. There are four types of people who could possibly inherit

00:17:39--> 00:17:42

two thirds of a person's estate.

00:17:44--> 00:17:57

Category number one and two are two daughters or two granddaughters from a person's son. Okay, so two daughters, or two granddaughters from the sun.

00:17:59--> 00:18:11

So if a person leaves two daughters were two granddaughters, almost hanaway data says for in Kuhn and Isa and focused on attaining fellow Han through Luther mattock, okay.

00:18:13--> 00:18:39

If there are only two daughters, sorry, if there are only daughters, two or more. Their share is two thirds of the inheritance. Their share is two thirds of the inheritance. So the reason why the number is larger two thirds is now Okay, we're going to split it amongst multiple people. So the two thirds is not just going to one person, it's going to be split amongst a few people.

00:18:40--> 00:18:56

Category number four and three and four of those who will receive this portion amount of two thirds is two full sisters or two half sisters from one's father. So two full sisters

00:18:57--> 00:19:14

or two half sisters from the Father. Okay. For encana testnet aney fellow fellow Homer sudo Thani mattock, Allah Subhana. Allah says, if there are two sisters, they shall have two thirds of the inheritance.

00:19:15--> 00:19:38

I know it's complicated, right? I know it's very complicated. Those that are listening, go, oh my god, wait a second. What are we talking about here? How is it possible to get two thirds, but also leave half for someone else, and another person gets a corner and another person gets a sixth? Well, this is where you put all the people together, and you find the common denominator. And then you break it up based on that.

00:19:39--> 00:20:00

I know it's complicated. We actually had find out we had exams on this when we were students in Medina. And it was like how long we're going into math exams, right? But don't worry. The solution to this nowadays is that you don't have to do it yourself. Usually people will go to any meme, right and the Imam or the chef or the teacher, whether male or female, she will

00:20:00--> 00:20:42

Decide he will decide he will basically let you know who gets what, and we'll list it out for you. And the beautiful thing about it is that there are apps nowadays that actually help us to figure that out, right? So you don't even have to worry Oh, maybe there was human error in the $80,000 that we were dividing amongst family members. Well, hamdulillah we have applications that help us to figure out who gets what percentage and then you can even put the numbers in like let's say a person's estate is $62,974. Well, you punch in $62,974 and all the people that survive and it will tell you exactly who gets what and who gets nothing. Okay.

00:20:45--> 00:21:21

So let's move to the next portion. The next portion is 1/3. Who will collect 1/3 this is broken down into two categories. Okay. The mother if there is no category blocking her inheritance, so the mother will get 1/3 of an estate if there are no categories of people blocking her inheritance for Elon Nikola Wheeler doing what he said who about well who funny on me He's full of if no children and the parents are the only heirs

00:21:23--> 00:21:33

the mother has a third so if someone passes away and they leave their parents behind, and there's no children no spouse right that mother will get a third

00:21:35--> 00:21:50

the other category that will receive the could possibly receive a third is two or more siblings from the mother's side, two or more siblings from the mother's side. Allah subhana wa tada says, what you can

00:21:51--> 00:21:52

and cannot attend and we

00:21:54--> 00:22:48

can often find equally well in room so those that you can or Excel or any cafe boom show rock woofie through those of us pan with Allah says verse number 12 of SOTA Nisa, if the man or woman whose inheritance is in question has left neither dis neither ascendance, nor descendants, okay? No ascendance, nor descendants, but has left a brother or a sister, each one of the two gets a sixth. But if more than two, they share in a third case, so each one will get a six but if more than two then each one would get, then they would share together in a third. And when we say ascendance and no descendants, so this person has no parents and no children. Okay, so the person who passes away,

00:22:48--> 00:22:52

whose estate is being divided, has no parents and has no children.

00:22:53--> 00:22:56

All right, let's move to the

00:22:58--> 00:22:59

this is the last category now.

00:23:00--> 00:23:18

1/6 of the leads is the last category. Yeah, one six. So the last category of portions right so the last portion is 1/6. And this can be broken down into seven categories of people. Okay, it can be broken down into seven categories of people one six, it's less wealth.

00:23:19--> 00:23:21

So let's look at it.

00:23:22--> 00:23:29

The mother with the existence of a child or Brethren, okay.

00:23:30--> 00:24:08

could possibly inherit 1/6 a mother if she's got a child or sibling could inherit 1/6 of a span which Allah says when he ever why he new cool newer Heidi Minwoo Masuda Swami matthaei Can't you can I know what I did for in lumea? cola one I don't know what he said about well, who knew me Soros for Canada who What? Fannie Mae is pseudos verse number 11 Surah Nisa, Allah subhana wa tada says for parents a sixth share of inheritance to each of the deceased left children.

00:24:10--> 00:24:24

If no children and the parents are the only heirs, the mother has a third if the deceased left brothers or sisters, the mother has a sixth handily law and the

00:24:26--> 00:24:30

second category that could possibly receive 1/6

00:24:32--> 00:24:39

the grandmother if the mother is no longer alive, okay grandmother, if the mother is no longer alive.

00:24:42--> 00:24:49

Even though the mother said the scholars agree that the grandmother gets 160 and if the deceased did not have a living mother,

00:24:50--> 00:24:54

third category, the child if one's mother,

00:24:56--> 00:24:59

male or female, sorry, the child sorry that

00:25:00--> 00:25:13

Child of one's mother not the child if the child of one's mother, whether male or female, when no other errors are left, okay, so a child of one's mother,

00:25:15--> 00:25:35

male or female, when no other errors are left, that person could possibly receive 1/6 of the estate. Verse number 12. White in cannot I'll join you on AutoCAD and then we move on to 101 often find equally well hidden in pseudos.

00:25:37--> 00:25:49

If the man or woman whose inheritance is in question has left neither ascendance, nor descendants, as we took before, but has left a brother or a sister, each one of the two gets a sixth. Okay?

00:25:51--> 00:25:57

Number four, from amongst the seven categories of people who could possibly receive 1/6,

00:25:58--> 00:26:04

the grand daughter via one's son with one's own daughter,

00:26:05--> 00:26:30

okay, we'll just mention that and not go into too many details. Number five, the half sister from the Father, in the presence of the full sister, okay, the half sister from the Father, in the presence of the full sister. So if the full sister is alive, and there's a half sister as well, she the half sister could possibly receive 1/6 of the estate of the person.

00:26:33--> 00:27:19

Number six, the father in the presence of a son. So the father in the presence of a son, why does the father get less than the son only 1/6 because the son has a responsibility to look after his mother, and also has a responsibility to look after his father. And the wealth of the Sun is the wealth of the Father. And so if the father runs short, and is an absolute need, dire need to survive off the wealth of the sun, and he can take from the wealth of the sun. And so the father in the presence of a son only receives 1/6. Okay, Allah Subhana, Allah says, when the other way he could leave him in Allah sudo su minmatar, Raka in Canada wallet, for parents a sixth share of inheritance

00:27:19--> 00:27:21

to each of the deceased left children.

00:27:24--> 00:27:41

And number seven, the grandfather, if the father is no longer alive, so we mentioned the father, now the grandfather, if the father is no longer alive, then by default, the grandfather is then closest in lineage. Okay?

00:27:42--> 00:28:20

So that's all that we're gonna take with regards to the inheritance and the numbers and so on. And I know there's gonna be questions so you can put your questions up there and show along Tada, we're just gonna go over one last thing, which is blocking and preventing, so if any of you have any questions, feel free to type them in now so that we can save some time in waiting for the questions to come through. I already see a question from Cynthia. Don't worry, Samir, we'll get to your question as soon as I'm done, this last part and that brings us to the end of the chapter on inheritance. Okay. So blocking and preventing, there are possible ways of blocking a person's

00:28:20--> 00:28:40

inheritance, right where a person is not entitled to inheritance and they might be like really upset and they start complaining Why is this is not fair. How come I don't get inheritance remember, faulty model viola, she did not receive any of the estate of the Prophet sallallahu alayhi wasallam why not because he was poor and he left nothing behind.

00:28:41--> 00:28:59

profits in the long run and even some of them had wealth, but she didn't receive anything because profits Do not leave an estate behind for their family to inherit, there's no inheritance for the family. Right they don't receive anything. The wealth of the Prophet goes to beta mode goes to the people

00:29:01--> 00:29:37

and she was a little bit upset. She was upset with aboubaker or the Allah and and she was married to follow the model the Allah and her was married to She's the daughter of the Prophet sallallahu alayhi wa sallam she was married earlier Viola and earlier the Navy pilot and I needed to be alone and and Abubakar on the long run, they were good friends but after the passing of the Prophet sallallahu he was some of them because faulty model the Allah and I was upset with a bucket of Allah and for not sharing or dividing any of the inheritance and sharing some with her she was upset with a co worker of the Allah and and so because of that, she did not like when earlier of the alohar and

00:29:37--> 00:30:00

would talk to Abubakar Viola and because she was telling him Hey, you know what I'm upset with him and you're going in chilling with him. That's not right. You know very well that I'm upset and this is where Subhan Allah husband is like a euro upset with him but I'm not right. He's my friend. It doesn't matter if he's your friend if I'm upset then you don't talk to him Hamas. Right the husband's like Okay, fine. If

00:30:00--> 00:30:28

You're upset with him with my friend, I'm not going to talk to my friend until you're not upset with him. And so Subhanallah what we see here is a beautiful example of how Boubacar rhodiola who understood firm upon what was right and what was true. And he did not give in even though the prophets are longer and he was someone who was his son in law, and the Prophet sallallahu alayhi wa sallam was his best friend, and the Prophet sallallahu alayhi wa sallam was his companion in the hedge Allah and the Prophet sallallahu alayhi wa sallam was

00:30:29--> 00:30:33

his prophet and messenger. And Abubakar, on the other hand was the one who,

00:30:34--> 00:30:50

who was in charge was the halifa after the Prophet sallallahu alayhi wa sallam passed away. Despite that, he did not give out enough of the along with any of the inheritance that is left or the estate that was left from the Prophet sallallahu alayhi wa sallam because

00:30:52--> 00:31:30

what the prophets leave behind as a prophet sallallahu alayhi wa sallam taught this habit on the lower end on what they leave behind is wealth that goes to baitul mal, it doesn't go to the people, it doesn't go to their family. Okay? That's wealth that goes to the people, it goes towards helping you It's a sadhaka. And the family members do not inherit. And so there are certain ways in times where it could block us certain people may block us from inheriting and that's fine. That's the way of Allah subhanho wa Taala. His way of dividing and distributing the wealth is perfect and beautiful. Okay, so what is meant by blocking?

00:31:32--> 00:32:16

What is meant by blocking is where a specific individual is completely or partially blocked from his or her share due to the presence of another err. Okay, so if another person who's supposed to inherit is alive, and comes in the way of that person receiving their portion, then the amount is divided up and given to them and call us, you're too far down the line, you don't inherit, right, you're too far down the line. It's like a grand daughter, whose parents are alive, whose siblings are alive, whose grandparents are alive, and maybe one of them passed away. And that grandparent has siblings, and has a spouse and so on, that grandchild might say, but I'm entitled to But no, you may

00:32:16--> 00:32:20

not be entitled to your inheritance, okay, depending on who's still alive of the family.

00:32:21--> 00:32:32

So that's blocking, right blocking, what did we say it was, is where a specific individuals completely or partially blocked from his or her share due to the presence of another heir.

00:32:33--> 00:33:13

Preventing, right preventing someone from receiving their inheritance, preventing refers to a specific person being prevented from his chair or her share, due to a cause that denies him or her the right of inheritance, such as murdering the deceased, and so forth. Right. And we took that last week. So for example, someone who is directly supposed to inherit from someone, but may have, you know, murdered them in order to inherit the wealth. Well, because you did that you're prevented from inheriting you're not blocked by anyone, you're completely prevented. You don't even get it, you're not entitled to it.

00:33:14--> 00:33:31

Blocking is of two types. Okay, we mentioned there's partial blocking and complete blocking. Partial blocking refers to the cases in which the share of the air is reduced due to the presence of another air.

00:33:32--> 00:33:36

And this occurs to five groups of people.

00:33:38--> 00:34:08

The husband's share is reduced from one half to 1/4. In the presence of a child, we just finished talking about that, right? The husband or the father of these children, because he has children or there's children with the spouse or the wife passed away has children then the husband's share is reduced from one half to 1/4 to a quarter, okay. The wife's share is reduced from 1/4 from a quarter to an

00:34:09--> 00:34:12

eighth in the presence of a child. Why?

00:34:14--> 00:34:36

Because her children will possibly inherit more than she does, or the husband may be around or her siblings around and they have a responsibility to look after her in the first place anyways, so because they have the responsibility of looking after her and taking care of her financially, then she doesn't need as much right she doesn't inherit as much.

00:34:38--> 00:34:38

third

00:34:40--> 00:34:51

group is the mother's share is reduced. Okay, the mother's share is reduced from 1/3 to 1/6. If the deceased had descendants, the deceased had children.

00:34:53--> 00:34:53

Okay.

00:34:56--> 00:34:58

The grandfather from the sun

00:35:00--> 00:35:24

There's a possibility that the grandfather will have a reduced amount right the grandfather would not technically may not inherit at all if his son is alive who's his son his son is probably the husband or the brother you know the spouse the father of children so the grandfather because his son is around doesn't inherit and the sister from the Father

00:35:25--> 00:36:08

right sister from the Father may not inherit because the father is around why would the sister inherit when the Father has responsibility to look after his daughter in the first place, so the father would inherit more and his responsibility aesthetically is to financially look after his daughter and make sure that she is okay as well right. And so, those are the five categories of people or five groups of people that may have a reduced okay a partial blocking of their inheritance. The complete blocking means that a person loses his or her share completely due to the presence of another heir. So just like we mentioned, like the if the son is alive, the grandfather,

00:36:08--> 00:36:34

okay, so the father may inherit and block the grandfather partially, and possibly entirely depending on who's still alive, okay. So complete blocking means that a person loses his or her share completely due to the presence of another heir, such as the brother losing all of his right to inheritance in the presence of a child. So if a person passes away and leaves children, then that person's brother

00:36:36--> 00:36:44

wouldn't inherit because that person who passed away has children and those children inherit the wealth not that not the burden the brother came not the sibling

00:36:46--> 00:37:06

the complete blocking does not occur with respect to six categories of errors, although they are susceptible to partial blocking. So, these six following categories are people who complete blocking does not happen to them, but there's a possibility of partial blocking okay.

00:37:08--> 00:37:11

So, these six categories are or six people are

00:37:12--> 00:37:25

first of all the first to the parents, both the mother and the father, okay both the mother and the father, they may receive less okay, but they will not be completely cut off.

00:37:27--> 00:37:57

Three and four are children, sons and daughters, and five and six husband and wife. So, think of it Allah subhanaw taala is protecting the most immediate relatives of the deceased person. So, let's go over these six categories are people who complete blocking would not happen to them, there may be partial blocking, but complete blocking would not happen. Look at these six categories mother, father, brother,

00:37:59--> 00:38:08

sorry mother, father, sons, daughters, husband, wife,

00:38:10--> 00:38:12

mother, father,

00:38:13--> 00:38:58

son, daughter, husband, wife, like the most immediate closest people, they will not be blocked off entirely they will inherit the love but remember there are there are times that it may be a partial blocking, okay, some due to the presence of someone, they may receive less other than these, a person could possibly be completely blocked from his or her share of the inheritance. So other than the Mother, the Father, the sons, the daughters, and the husband and the wife, it is possible to anyone else. So if someone passes away, and you are not their son, or their daughter, their mother or their father, their husband or their wife, then there's a possibility that you are not entitled

00:38:58--> 00:39:00

to anything at all.

00:39:01--> 00:39:14

Okay, there's a possibility that you are not entitled to anything at all. A person will say, oh, but it's my brother, I have to inherit Well, too bad. If your brother has spouse and children and parents then you may not inherit anything. Okay?

00:39:16--> 00:39:40

Complete blocking is based on two principles, and is the last thing that will take care the last two things inshallah I know, it's very heavy, but like I said, you don't ever need to worry about this. You just take it easy hamdulillah You know, there are apps that help us to figure this out, and the portions and the relatives and you just punch in all the details of whoever's still alive, whoever survives.

00:39:41--> 00:40:00

And somehow a lot just makes it a lot easier. And again, this is the point of the Imams in the scholars is for them to go and do the math and figure this out for us right. Complete blocking is based on two principles. Firstly, people connected to the deceased through another person. Do not inherit if the other

00:40:00--> 00:40:01

person is still present.

00:40:02--> 00:40:17

Thus, the grandson via a son does not inherit if the son is present. The exception is the children of the mother who inherit along with her, although they're connected to the deceased through her.

00:40:20--> 00:40:27

And the second principle, where complete blocking is based on is.

00:40:28--> 00:40:36

Secondly, the closer relative takes precedence over the more distant relative. Thus, the sun blocks the nephew.

00:40:38--> 00:40:48

If they're equal in degree, the one stronger in closeness takes precedence. Thus, the full brother blocks the half brother from the Father.

00:40:51--> 00:41:26

And that's all that will take. I know it's heavy handed Allah, Allah Subhana. Allah make it easy for every single one of us. Next week, we're going to look at Crimes and Punishments, okay. And these are obviously major sins that we'll be looking at. And we're not going to go through every single thing in detail, but we will go through them as a reminder of how we are to stay away from committing sins and doing that which is wrong, for example, you know, consuming alcohol, is it permissible is not permissible, what is the what is the last parameter, let's say about it, and so on.

00:41:27--> 00:41:35

And other things right, like Xena and so on. And last time to protect every single one of us made easy for us to learn the deen of Allah is diligent. I mean,

00:41:37--> 00:41:44

let me go through this and see what questions we have here. Okay, so Samir, I remember you wrote this question a while back.

00:41:46--> 00:41:58

You say, I'm sorry, I just joined a few minutes ago, what happens when the inheritance does not have any living? family members alive? What does Islam say in regards to that when making a will?

00:41:59--> 00:42:11

Okay, so you may not have any, you might be. So this, like I said, you don't, you don't need to include in your will, who inherits what from you.

00:42:12--> 00:42:17

When you're making your will, you can request a certain amount 1/3,

00:42:18--> 00:42:47

a third of what fulfill casier as the profits that are longer either you will sell them said, right? But remember, it's not in our position to decide and to say, who's getting what, who will inherit what, because we don't know, if anyone will be alive, or if someone will, you know, be alive, there may be there may be people that are alive to inherit, a person might say, oh, but my, my grandmother is a life. Or a person says

00:42:49--> 00:42:57

I have no relatives. And then two years later, they get married and on the day of their marriage, they pass away.

00:42:58--> 00:43:02

So you do have someone there you have a spouse, okay?

00:43:03--> 00:43:13

And again, when there is no one, then when there's absolutely no one like absolutely, absolutely no one, then the wealth goes to beta male, it's a sadhaka. Okay.

00:43:15--> 00:43:24

Now the question here, can I give all my state to charity or children of my choice, for example, if I have sons and daughters, and one of them are not obedient?

00:43:25--> 00:43:33

So I don't know what you mean by obedient and I'm not going to ask you on a public platform, what you mean by one of them is not obedient.

00:43:34--> 00:43:56

But no. Remember, we said there are times when people are prevented from inheritance, one of them is murder, right murder, because they want to inherit from that person. And despite that action being held on and completely impermissible, it is not permissible in Islam, and of course, it's illegal in every country.

00:43:58--> 00:44:07

It is, it is also not permissible for that person to inherit, from the person who they murdered because

00:44:09--> 00:44:28

that's the defense mechanism that Allah subhanaw taala puts in place and says, Hey, if you do this, then you're not allowed to inheritance, you're not entitled to any inheritance from that person. Also, if a person is from another religion, right, someone a relative is from a different faith, whether the person who's inheriting is from a different faith or the person who would

00:44:30--> 00:44:48

either the, okay so either inheriting from a non believer or passing away and having that estate divided and given to the non believers, that doesn't happen, right. So inheritance within Assam stays within those with is given and shared out throughout those who are Muslim, okay.

00:44:50--> 00:44:59

This is a compounded question. So you also ask, can you give all of your estate to charity? No, remember the Prophet sallallahu alayhi wa sallam said that we can bequest

00:45:00--> 00:45:31

You can go back and watch. from two weeks ago, two and three weeks ago, we spoke about the quests, a Thanos with sudo su Kathir. Right? Prophet sallallahu alayhi wa sallam encouraged no more than 1/3 to be given as a request. And remember, before the bequest is given, the people who are put in charge responsible of dividing the inheritance will first say, Okay, here's your $100,000, okay, or your $99,000.

00:45:33--> 00:45:36

Your $99,000, you have,

00:45:37--> 00:46:07

let's say, $33,000 of debt that you didn't pay off, before they even start dividing this 99,000, they will pay for your jenessa, it will pay for your cuffin it will pay for any funeral expenses from it, they would pay off your debt as well. So take off that $33,000 for example of debt that you have. Now there's only $66,000 left from the 66,000, right, the inheritance will be divided.

00:46:08--> 00:46:30

Okay, and what will be kept in mind is the bequest. Okay, so the bequest is kept in mind. So if people inherit, and there's nothing left for us, right? So just keep that in mind. You can go back and watch. from two weeks ago in sha Allah, we went over those items in detail.

00:46:33--> 00:46:36

Can you specify the children you want to know,

00:46:37--> 00:47:17

you cannot say I want all of my wealth to be divided amongst these two children only, and not the third one or the fourth one or all my wealth to be given to this person and not the others. They are entitled to it from Allah subhanho wa Taala, not from us, right? Our wealth doesn't belong to us, it belongs to Allah in the first place. And so we are not in a position to say someone else cannot inherit our wealth when Allah Subhana Allah says that they do and will inherit your wealth. Okay? How they use the world? That's not that's not none of our business, right? That's between Allah subhana wa Tada. And then, of course, if people are believers in Allah azza wa jal, those who are

00:47:17--> 00:47:22

inheriting will do justice with what they inherit. So for example,

00:47:23--> 00:48:03

a mother whose children inherit might say, I only got 1/8, how am I supposed to survive off 1/8 of the inheritance when my children got more? Well, those children should be fearing of Allah Subhana, which is punishment if they don't take care of their mother, right? They have to look after their mother. And so her eighth is her age and her children technically need to look after her and provide for her and take care of her. Right? Whereas the eight that she has handlers for her to use as she wants, right? So this is why it's important and Allah subhanho wa Taala reminds us and we took that at the very beginning of the chapter on inheritance, the importance of being conscious of Allah

00:48:03--> 00:48:13

subhanho wa Taala, and making sure that we are respectful of the laws that Allah Subhana Allah has put in place upon us. Okay.

00:48:15--> 00:48:21

What are the apps? Well, the apps I have are in Arabic, and I don't have them in front of me right now. I do have their mobile.

00:48:23--> 00:48:32

Now, I don't have it with me. But there's a few out there inshallah. Anyone who's interested in knowing I can just send me a message and I'll let you know which apps to use.

00:48:35--> 00:48:38

What book is this? So it's a concise presentation of fic.

00:48:39--> 00:49:04

And isn't good for beginners? Yeah, it's something good to use to just read through. And to get a general idea. Of course, whenever learning it's important to have a teacher who's learned and who's able to share knowledge with us and give us a broad spectrum of ideas that come from the various different scholars that are out there as well right.

00:49:05--> 00:49:35

That is it I don't see any more questions in front of me just Camilla Hayden for attending barakallahu fecal May Allah subhanho wa Taala protect every single one of us and grant us the ability to submit to Allah Subhana Allah in the ways that he has has prescribed to upon us and ask Allah subhanho data to keep you all safe and happy, and grant us all ease and joy. And may Allah subhana wa tada put fail and Baraka in our families, and rectify the affairs between

00:49:36--> 00:49:46

relatives and family members. I mean, radical Alfie Kohn, jacamo Hayden Arsenal, Lola cinema Baraka and Amina Mohammed while early reciting your solemn Sarah Marie Kumara