Essential Fiqh Class – Sunday September 26, 2021
Channel: Daood Butt
File Size: 32.36MB
Episode Transcript ©
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nettle Haim al hamdu Lillahi Rabbil alameen wa sallahu wa Taala he was Salam who Allah and abhi Karim, Allah he follow sada to automata slim rubbish Ronnie sadi were silly Emery that Emily Sani of gobble Kohli. My brothers and my sisters ascend them where they come to Lahore barakato.
So today I'm sitting cozy
next to the woodstove and we are going to continue with our essential fifth class in sha Allah data. It is Sunday night September 26 2021. And tonight insha Allah we begin a new chapter we begin the chapter on
inheritance, okay, the chapter of inheritance.
Last week we learned about
gifts leaving a gift to someone write a bequest when we leave something behind to someone who is not from amongst those who will inherit from us right so not the people who inherit from us as we mentioned last week, the people who inherit are not the ones who we can leave a gift for after we pass away. So we cannot mention in our will to give a certain item or a certain amount of our wealth to
you know, a blood relative for example
because that person is going to be inheriting directly from us Okay, today we're gonna look at inheritance we'll cover a few things in sha Allah if you have paper and pen or you know something to take notes with and that would be good because you're probably going to want to look over this once again, inheritance or fall It is one of the
confusing sort of calculations to make and a lot of people usually ask many many questions about it.
And so if you have the ability to write something down throughout this class in the next few classes and shot a lot of data then please do take notes because like I said, it's a question that always arises when someone passes away. Now here's the thing to keep in mind though, sometimes people will
calculate the inheritance that they will leave behind
while they're still alive. And this is something that I discourage myself from doing for anybody and we don't really encourage anyone to do the reason is none of us knows when we will pass away and none of us knows who may pass away with us at the same time or who may pass away before us so if a person puts their will together today and says I'm going I'm going to indicate what to do with my wealth from today, a person who they may add to their will may pass away tomorrow
or they may be for example, sometimes it happens where you know, multiple people pass away at the same time from the same household or the same family I should say. And so the question is
why why why try to calculate it right now when we can do that later. Okay.
So here we go chapter. The new chapter that we're starting is a chapter of inheritance. So first off, the Arabic word for in inheritance is Fatah. Okay, Fatah ale with a BOD.
The plural of Fatah is Fetty Baba, okay Fariba which comes from a word implying specific or determined amount as Allah subhana wa tada says in verse number 237. So Dr. bacara Furness, former father, Tom, Furness, former foreign tongue so Allah Subhana Allah mentions this word for it Fetty Baba.
For this former foreign tongue, then pay half of what you specified okay?
in the Sharia, it refers to the word Fetty. Oba refers to or it refers to the determined proportion
that inheritor receives. So the specific amount that a person will receive, for example, a third and eighth half 116 132, right,
and so on.
Before we get into who can inherit, let's look at some of the warnings that we find within our dean. So a warning concerning misappropriating estates.
So prior to Islam, the Arabs of the time, what they would do is only the men would inherit, okay, so only the men would be the people that would inherit from people that pass away. And women were not entitled to inheritance. This was prior to Islam. So Islam included women in inheritance and removed the oppression that was upon them prior to Islam. And so hamdulillah This is something that you know, we have to raise and bring up and remind ourselves and others about that Allah subhanho wa Taala brought this Deen in a way that is perfect for us as human beings and he knows what's best for us because He created us so well once it had
allowed women to inherit as well. Prior to Islam as we mentioned the Arabs they would not allow their women to inherit anything only the men would inherit. Furthermore, only older children would inherit and not the younger ones. Islam then came and gave each to do right. This right is termed by Allah subhana wa Taala in the Quran as he says we'll see Tim you know ba Allah subhana wa tada says a commandment from Allah and sought after nice at verse number 12 or sweet yet to mean Allah and Allah subhana wa tada also says in verse number 11 have sort of a nice up 30 about 10 min Allah. First he said in verse 12, right he says, Wesley you have to mean Allah. In verse 11. He says fatty
bottom mean Allah ordained by a lof okay. So after using these terms,
there Then comes a very strong and emphasized warning concerning any kind of violation of Allah subhanho wa Taala is laws right the rules of Allah subhana wa tada that he has placed upon us as human beings. Allah subhana wa tada says Surah Nisa, verse number 13 and 14 after saying Fetty about 10 min Allah will sweet yet tambien Allah, Allah subhana wa tada says verse number 13 and 14.
De Luca Hodo, do more. My query la hora solo you do feel hujan tagit emia de un
ad in Effie whether Ernie Kennedy felt was a lovely name, or money or sliema was on
there Who do you feel who no one heard he didn't move. He won a war or the
movie in Allah subhanho wa Taala says tilka hoodoo the law these are the limits that are set by a law. These are the limits that are set by a lot so we can't transgress we can't go against them. We can't challenge them. They are the limits that are set by Allah subhanho wa Taala. These are the limits set by Allah And whosoever obeys Allah and His messenger will be admitted into or admitted to Gardens under which rivers flow in paradise to abide they're in and that will be the great success and whosoever disobeying Allah and His messenger and transgresses his limits, he will cast him into the fire to abide there in and he shall have a disgraceful torment.
Now last, how do we try to protect us all? I mean,
so what is inherited from the wealth of the deceased? What is inherited from the wealth of the deceased? Okay? What do you think can be inherited? Well, when a person dies, okay, the first from the first thing that we do with their wealth is that we use their wealth in order to pay for their cuffin their shroud and for the burial. Okay, so the shroud, the coffin, the burial, the basically everything to do with the Jenna's that we take from the wealth of the person who passed away. A lot of the time family members are like okay I have to pay for it. You pay for brothers and sisters get together children get together and pay for their parents. But really what we do is we take the from
the wealth of the person who passed away and we use that to purchase their cuffing the shroud, we use that to purchase the plot. We use that for transportation fees of the deceased, from whether the hospital to the masjid to do the whistle and then from the masjid to the cemetery. Right? gobert of Stan right
Are the McCullough right?
To bury the deceased. So, whatever expenses come
in the way of this person being buried, is taken from the wealth of the person who passed away. So that's removed, okay? After that any debt that that person has, we take from their wealth as well. Okay, so you take from their wealth, and you pay off the debts, if there's anything left after that,
then any bequests that the person has left behind or mentioned in there will write stated or you know, indicated that something should be given to someone, then those requests are then taken from the wealth as well.
And then whatever's left from that is distributed, calculated and then distributed amongst those who will inherit from that person who passed away.
Allah subhanaw taala says, Remember, we learned about this last week. In bed you will see it you will free be her ordain after the payment of legacies, right? He may have the Queen's PhD
or debt, right or any debts. But the debts are to be paid off before any bequest. Remember the Heidi the value of the lava and where he said the Messenger of Allah sallallahu alayhi wa sallam used to settle the debts before fulfilling the bequests profits along with adding the selling used to settle the debt before fulfilling the requests.
We learned this last week so if anyone missed last week's class about requests, please go back and watch it and you'll be able to understand more what we are referring to when talking about
so what are some of the causes in titling one to be an air okay?
Because these causes can be broken up into three categories. First of all, you could inherit if you have some sort of blood relationship to the person who passed away. So if the person who passed away is a relative, a blood relationship is there between you and that person, then you may be entitled to inheriting from them. Allah subhana wa tada says, what we'll do to
go home will be about and blood relations among each other, have closer personal ties in the decree of Allah.
Regarding inheritance, okay, so that's the first thing. The second category of someone you know, possibly falling under or into allowing them to inherit from someone is or what, what is that what this is basically, if someone, it, it's really the inheritance that comes
between two between the slave and the master, okay, the slave and the master. So even though I'm gonna do longer, and whom I narrated that the profits are longer, how do you send them set and what is kinship like the kinship of blood, okay.
And a common example of this type of special relationship is that which exists, like I mentioned, between the slave and the master, okay.
And again, this is sorry, not the slave in the master, but the freed slave and the master. Okay, the freed slave, and the master and we use the word master because it's understood. I don't mean like using that term, but that's a term that's used. So the freed slave and the master
and the third category is marriage. Okay, marriage like husband and wife.
Allah subhana wa tada says one local news format about cat as well Joe come in that with your wives leave your share is half. Okay, what akunis format Tanaka is logical.
So those are the three categories where which may entitle a person to some sort of inheritance from someone who passed away. Okay, you were the the freed slave between the previous master
or the relationship through marriage, husband and wife, spouses or a blood relationship. Okay, siblings, parents, children, cousins, uncles, Aunt, you know, relatives, grandparents and so on and so forth. Alright, so what are some of the factors preventing someone from inheriting? What are some of the factors preventing someone from inheriting skin a second, I'm going to drink something here.
So first off murder, okay, murder,
about what I call the low end reported that the Messenger of Allah sallallahu alayhi wa sallam said, the murder does not inherit, specifically referring to the murderer of the deceased person. So the person who passed away, if they were murdered by someone, and that person is a relative of theirs, or someone who is in line to inherit from them, then that person is immediately cut off. Now, this is the wisdom of Islam to protect those who may have wealth, from the jealousy, the greed, you know, the envy that people have between them as relatives as family members, okay?
And I know we probably think, Oh, you know, why would anyone do that, but I can give you examples of cases of people who I personally know, who were murdered because of inheritance, because they knew they were going to inherit. And
again, it's, you know, saying something about someone who was, you know, history or whose past was not nice, but it is, it is something that does happen. I've heard of cases. And we know a very close family friend who's had a lot of this happened to when I was younger, someone who was very close to us, who, you know, lived in another country, and
his relative, you know, ended up
doing what he did,
you know, with intention of being able to
somehow get away with it and inherit, so
that's an example of when, or one of the factors that prevent someone from inheriting as the Prophet sallallahu Sallam said the murder of the deceased person does not inherit, okay. The second category is being of a different religion, being of a different religion. So it will sound even Zaid narrated that the Prophet sallallahu alayhi wasallam, said, the Muslim does not inherit from the disbeliever nor does the disbeliever inherit from the Muslim.
I'll say that again. Sound even Zaid, I'll be Allah harden narrated that the messenger that the Prophet of Allah sallallahu alayhi wa sallam said, the Muslim does not inherit from the disbeliever, nor does the disbeliever inherit from the Muslim from a Muslim.
Now, some people may question Oh, is this an authentic Hadees? Because, you know, their inheritance might be jeopardized now, right?
Well, this hadith is recorded by Imam of behati. My Muslim, you haven't told me the email, ignore merger as well as email we dealt with. And so
we'll call it Muslim authentic narrations right there. We don't even need to question it. hamdulillah because the grading has been done and reviewed by the scholars. And also telemovie ignore magia and Abu Dawood, Ibrahim Al Hamdulillah.
Let's go over the Hadith again. Prophet sallallahu alayhi wa sallam said, the Muslim does not inherit from a disbeliever nor does a disbeliever inherit from a Muslim.
Number three, from the people who
do not inherit or factors that prevent someone from inheriting slavery. Okay, the third and last factor is slavery,
the slave and everything that he or she possesses actually belongs to
And so, because of that,
he or she were to inherit from a relative, so if the slave was to inherit something from a relative than that inheritance would go to the master and not to the slave.
Okay? So remember, when we think of slavery, and it's never like, Okay, wait a second, you know, that's not fair.
This slavery at the time of the, you know, this habit of the long run home is very different than the slavery that we think of in our minds. And I've spoken about this before, and I'll remind ourselves once again, usually when we think of slavery, we think of
First off, we start to think racial. Okay, because in our North American history, we see that this was like, you know, something that was done slavery based on race.
based on color,
during the time of the Sahaba of the lava and home and in fact this goes back even centuries prior to that, remember prophet use of Allah has sent him, a prophet of Allah subhanho wa Taala. And it was,
was captured and brought to Egypt and sold on the slave market and you know served as a slave. So the slavery of Islam or within Islam, when we think of slavery, or when we talk about slavery is not the slavery we think of the rights of the slave or
the servant, I'd like to say a tome is that they eat from the food that you eat, and you clothe them from the clothing that you wear. So if you wear Giorgio Armani, then your servant or slave wears Giorgio Armani.
If you have a $5,000 watch, then you close your servant with the $5,000 watch as well. Right? As in the quality of lifestyle and standard of that person who lives in your home and helps you is as though they are someone from your family and you take care of him. You do not feed them a different type of food that is lesser in quality and quantity. You feed them from the food that you eat as well. You cook a pot of biryani, right, or a dish of biryani, they eat from it with you.
you have comforts and luxuries, they also are to be treated with those comforts and luxuries.
So Islam brought about, you know, a way of looking after others have taken care of others. Now remember, as well.
Islam encourages Muslims to free slaves. And so at the time of the Sahaba of the Aloha home, you know, people who hate on Islam or hate Islam, they will say all Muslims, you know, have slaves and you know, they'd capture people and take them as slaves. No, a Muslim is one who is encouraged to go about finding people who are slaves and freeing them. And we see that in the example of Abu Bakar. On the long run, every single Friday, he would go and free a slave. And if he didn't have the wealth to free a slave on any particular Friday, he would keep track of how many Fridays he missed. And when he had enough wealth, he would make up for the Fridays that he missed
was abubaker of the law. And that was this habit of the Allahu anhu. They used to love others and love for others, right below of your lover and
look at the honor and the status that he is given in Islam, his footsteps are heard in paradise. Right? But because he was a slave in Islam, he was freed by a Muslim, right? And he was a Muslim himself a believer himself.
we are encouraged as Muslims to free the slave and not to take advantage of the slave or the servant. Okay, the last thing that we'll look at inshallah is 10 categories. Or, I shouldn't say categories, but 10. People
who inherit, we will start by looking at the men who inherit, okay for males, who inherit and next week, we will begin with
females who inherit, and there are nine categories of females who inherit, okay, but we'll start this week with the categories of males who inherit, first of all,
category one into the Son, and his son, and so on, no matter how distant, so a person's son, and if they have another son, if that person has a son, so if the son has a son, and the Son Son has a son, and the Son Son,
who has a son has a son, right? As if it keeps going, then they also will inherit, okay, so a son, a grandson, a great grandson, a great great grandson and so on. Okay, so that's how that's how it goes. So the first two categories are a son, and the sons son and any children any sons that come from that, okay.
Receive that Allah subhana wa tada says in Surah Nisa, verse number 11, usually equal mammography. The cumulative carry
You must know how
thing a lot commends you with regards to your children's inheritance to the male a portion equal to that of two females.
Number three and four is the father and his father's. Now people say, Well, what about the women?
We are listing the 10
categories of males that inherit next Sunday we begin with that nine categories of females who inherit, okay, so don't be like oh, it's only men. No, no, it isn't only men. We're just putting all the men together in one group and then we're looking at all the females together all the males in one group and all the females in another group, okay? So from the males who inherit is the son, the grandson and so on.
Number three, and four, the father and his father's. So a father, the grandfather, great grandfather, great great grandfather and so on. Okay.
No matter how distant it goes, no matter how many great great great great grandfather's there are, that are alive remember that are alive. So Allah subhana wa tada says,
you have to stick some more fire wood on there.
So Allah Subhana Allah says,
verse number 11, once again have sought after nice up when he ever way he couldn't anywhere he didn't mean whom. So those four parents
a sixth share of inheritance to each and this is again referring to it says about waihi parents, but now we're just listing the fathers and the grandfathers. So number three, and number four is the father and the grandfather and so on.
The grandfather is considered a father. Okay, so if someone's father passed away, and the grandfather is still alive, then the grandfather is considered a father and Prophet salallahu it He will send them said and ignore Abdulmutallab. I am the son of abdomen paddock.
Okay, I am the son of I've been moved by Anna IGNOU Abdel McParland. I am the son of Abdul Malik, who was he was his grandfather. Some along early he was Adam's grandfather, right?
Number Five and number six, the brother and his sons, even if distant, so the brother and his sons, even if distant
who is the brother so for example, someone's brother and the nephews that comes from those brothers. So if you have a brother who has sons, so your nephews, they are also possibly entitled to inheritance. Allah subhana wa tada shows us in the Sunnah of the Prophet sallallahu alayhi wasallam where he said, Give the inheritance to its rightful recipients. Whatever remains is to be given to the closest male relative, okay?
Number nine, from amongst the males who inherit Allah subhanho wa Taala. Allah said, Sorry, number nine is the husband, right? The husband totally forgot to mention the husband. So number nine is the husband where Allah Subhana Allah says in Surah Nisa, verse number 12, while akunis format Taka as well Jochem.
So Allah Subhana Allah says in that which your wives leave your share is a half,
your share is a half so the husband is entitled to inheritance. And number 10 from amongst the males who inherit
the male who has
freed a slave, and we discussed this. Just a few minutes ago, the Prophet sallallahu alayhi wa sallam said the weather is for the one who did the freeing. So the person who freed the servant or slave is entitled to inheritance. Okay?
So those are the 10 categories of males.
If you want to look, you know what we'll go through the nine categories, how many of you want to go through the nine categories of females, let me know if you want to go through the nine categories of females. Just let me know very quickly in the chat or comments, and we'll go through them and shut a lot of tat. If you want to stop here. Then we'll stop. How many of you want to know the females who inherit
Only one of you.
Let's see anybody here say anything? Let me just try to get my phone out.
Anyone else? Anyone want to know the females who inherit? No, we could leave it for next week.
You know what we'll go through it very quickly and then we'll go over them again next week. Okay, so the females who inherit the categories of females who inherit are nine in number as I mentioned first and second is the daughter and the daughter of the Son, no matter how far down
so the daughter and the daughter of the son Okay, the niece
the daughter of the sensory the granddaughter, okay, the granddaughter. So the daughter and the granddaughter, and the great granddaughter of the sons, okay, Allah subhana wa tada says, and sort of to me, servers number 11. You see Camilla, Goofy, oh, lady, can you see Camilla Goofy, I will lead the con. Okay.
What commends you with regards to your children's inheritance to the male, a portion equal to that of two females? Number three, and number four,
the mother and the grandmother. Okay, the mother and the grandmother, Allah subhana wa tada says, when he ever lay he couldn't leave him in Homer's pseudos. Okay, for parents, a sixth share of inheritance to each. Number five, the sister
in a mural on the Hannah Kennedy Center what Eduardo who fell in his former talk
Surah Nisa, verse number 176. The sister if it is a man that dies leaving a sister but no child shall have half the inheritance
number six the wife right we spoke about the husband we're talking about the males now the wife
unless women with data says
talk to them, verse number 12 have sort of Tunis up in that would you leave their
your wives share is a fourth. Okay, their share from amongst your wives is 1/4 a quarter. Number seven, the woman who has freed a slave so with a woman free to slave, again the Prophet sallallahu alayhi wa sallam said the Allah is for the one who did the freeing so if a woman free to slave, she's entitled to inheritance.
we'll stop there and shut up. Okay.
We'll stop there.
We'll continue next week, inshallah. Tada. Okay, so that is all that we're taking for today. We will continue our class next Sunday in sha Allah Tada.
I know that there's going to be a lot of questions that come up from this chapter. But please keep in mind,
got to keep it going needs oxygen. So keep in mind that we will
cover a little bit more of the chapter
and some of the, you know, rules and conditions and things to do with inheritance. And then it'll make a little more sense to us. Okay, because we're going to start looking at some math equations as well. Right? We mentioned a third quarter a half, you know,
sons, daughters, daughters from the sun, right? granddaughters, grandparents, grandfather, great grandfather, mother and so on and so forth. So it might be a little bit confusing, but just bear with us in Sha data take it step by step don't over complicate things and you'll be able to understand it very soon in sha Allah to Allah does not come along fade on Baraka level if you come, I'll see all of you next week for the class. So practical level, no, the hammock national agenda in the interest of photochemical boudic or some of my was in the Mall of America and Anna Bina Mohammed wherever he was like me, he was said Lim Jazakallah lokalen for attending was Santa Monica Monica to
LA he will back out