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Fiqh of Inheritance #1
Channel: Hatem al-Haj
Series: Hatem Al-Haj - Fiqh of Inheritance
File Size: 31.05MB
Fiqh of Inheritance – Introduction to Bequests
A Commentary on a primary text of Hanbali Fiqh manual written by the great Hanbali jurist, Imam al-Muwaffaq ibn Qudamah, ‘Umdat al-Fiqh (The Reliable Source).
Episode Transcript ©
Transcripts are auto-generated and thus will be be inaccurate and at times crude. We are considering building a system to allow volunteers to edit transcripts in a controlled system. No part of this transcript may be copied or referenced or transmitted in any way whatsoever.
we are really excited that we're starting to set up inheritance. Everybody knows that, right?
okay. So, today we are starting to dabble with cite the book of requests.
Would you consider this to be part of the second Americans, some people would
to big Oxford
would you consider this to be
a separate book?
The Book of requests
it's it certainly should be this topic should be addressed before the fact of inheritance, why would this topic need to be addressed
before I, before we delve into that, you would like to say thank you, that we are going over kind of death by the man
who died in the year 620 after the interest of the Prophet sallallahu wasallam
which is a companion manual or trying to provide some sort of comparative insight
and some address some contemporary issues, but the you know, and then today, this is a variable that we are studying.
We're up to you know,
actually in the book that will be published out loud This is already Volume Two, because Volume One was tempo worship transactions, which we are done with
this is for Volume Two, which starts with
lookup requests from from inheritance
two had judiciary
for Volume Two. So we're already we're already done with Ronnie Martin, we're starting
the book of requests, which will be followed by the book of inheritance, they are related the reason why they are related because the sale will go out before the decision of the inheritance is that correct?
So, what else goes out?
these are rights that pertain to the technical or the estate left behind by the deceased whatever is left by the by the disease is called botanika
and 32 disease two there are certain rights of finding in fatica of the disease. So what goes on first, what goes out Second, it goes
once that goes out last is inheritance.
That's when we divide, divide the state between
for all of us above us, crude meaning heirs with designated chairs, US have an awesome box means the residuary IRS or the IRS, when you know, universal IRS, sometimes the translated residuary errors is the thing that is his word that he made.
Number four is
about will come out from the darica of the disease
prior to dividing the inheritance and we will, we will say that the bill is limited to one third, one third.
But in order for you to understand what what the shares are, and what is the one third is you have to understand that that that sequence, this is the last thing that will come out. Prior to that is this.
But what is number three?
liability liabilities that will come out before the bequest or the will of the testator on a Saturday and that's what I've been talking about.
acaba de Nicola will say, oh people you will read in the book of Allah Madani will say anything was going to be happening or you sort of plan excetera or use of there. So, you read
minvalue will say after it will
or that so meaning in the book of Allah that will comes before the death when our soul has been Dania Kabbalah will say, but the Messenger of Allah sallallahu Sallam decreed that the debt will be paid off first before the execution of the will, but the Messenger of Allah Azza wa sallam decree that the debt will be paid off first before the execution of the of the whip, and there is no disagreement among the scholars on this issue.
Which, which is obvious, because this is voluntary, and this you owe this money, it's not like you're volunteering you owe it. So, this will come out the liabilities. So, what is number two
So, the number two is liabilities that pertain to the the actual Tarikat to the actual estate, if part of the estate were you know, what will you know, you did not pay for it for instance, you I got this and I did not pay for the seller comes and finds this in my state, the seller takes this before we divide the other liabilities the other this because this the it pertains to the iE nilotica to the actual character, it is not just that the dynamism dynamism means it is not just liability on me, this is the actual physical tarika the liability here pertains to the actual physical therapist, this particular item is his mind, he did not pay for it.
So I take it. So these are
how do you say this? You know?
No, but it also applies to other things in the software, say for instance, oxygen at the lab, there is a slave that committed a crime. And, you know, that's part of the datacap part of the state, then then our shall deny the compensation for the crime will be binding in the value.
Anyway, you understand the concept. So the here the liability pertains to the actual physical property, not simply that I am indebted to, you know, this, someone or not simply that the deceased owes me money. You know, if I, if I am the, if I'm the creditor, not simply that the deceased owes me money, but this particular item
so NYU And anyway, NYU, particular items, whatever, particular items, so that that pertains to particular items that that that's that pertain to particular items of the estate.
That's that pertain to particular items of this state.
And when you know,
Van what is number one?
Cuz berean was two hours or one.
That's the sequence.
So where were we talking now? We're talking about bequests. Well, certainly this is the Hambali sequence By the way, because the one and two
they could go both ways.
And in fact, two and three cause of loss
may proceed one according to others, according to the honeyberries. One will come out first.
So this is the Hambali sequence 12345 others would put liabilities before the burial expenses.
Okay, so inheritance, where are those had to fall under?
Three, three would be liabilities.
Three would be liabilities to Allah to the people, you know, so the creditor here, who's the creditor in concerning these liabilities? Allah, the people.
So a memorable hanifa said, Remember, honey, that's the position that I actually prefer.
He said that all everything that you owe you owe a lie that you owe to Allah, everything that you owe to Allah is
drugs, drugs, not in the sense that you will be exempt, but in the sense that you had a chance to pay it off and you did not. So your heirs are not responsible for your own delinquency. So you did not do it, you had a chance, if you were excused, you're excused. If you are not excused, it's not their problem. So you already passed on your money to your heirs. It's not their problem that you did not pay or it's not your problem that you did not make hard. It's not their problem that you did not do the explanation that afara for the missed fasting, it is not their problem that whatever that you owe to Allah subhanaw taala is not the problem. That's the amount of money for.
So, but let us say that that 30 cap that a state is not enough. So the three others they say, you know, what is your problem? I'm not quite sure about the mannequin position. I'm not sure about the Shafi position. But I should sort of review the American position I'm not quite sure about what I'm quite sure about is that Eman Malik would side with Imam Abu hanifa. In one case, if you don't have enough to pay everyone, he magmatic will say pay the people
because then Allah May Allah masama How do you know about money Allah Haha, because the debt that you owe to Allah subhanaw taala you know,
your transactions of Allah are based on his forgiveness, your transactions are with the people that are based on their miserliness. So Musa Maha Maha. So his his his forgiveness his his easygoing ness, Musa Maha.
And their Moshe has their miserliness. So that's the mathematical amount of money for will say if you don't have enough money
to begin with, he's saying that, you know, you don't have to pay the, you know, the debts that you owe to a lot, just people.
But if there is not enough money in America, I would also say pay the people don't worry about the debts that the deceased owe to Allah. Because these are based on Musoma.
A man Mr. value will say no, actually you should pay a lot first before the people because they don't worry about the prophet SAW Selim said that of Allah is more deserving to be paid off or should have a superior claim.
The death of Allah subhanaw taala should have a severe claim.
Mmm, Matt said pay in proportion. So if you if whatever you owe to Allah is 2000 and you owe to the people 1000 and all you left is 600 you will out of that 600 400 will go towards your debts that you owe to Allah 200 will go towards the debts that you owe to the people.
I personally like it or under this little betrayal here but I personally favor hanifa that
you know, the viewers that are binding on you that you owe to Allah subhanaw taala with all job if you were excused, you're excused. If you are not excused, it is your fault. Now
Can the inheritors pay? Absolutely. Are they recommended to pay? Absolutely. Even if you don't have any tarika? Absolutely, even if they are paying it out of pocket? Absolutely, that's, that's when it comes to what is the recommendation, you know, and encourage them. But when it comes to who comes to judgment and so on, I personally believe that someone did not pay this account for 20 years.
I'm just not gonna, you know, I'm not gonna ask they're sort of survivors. And they did not, you know, fast and they did not make had and so on and the past on some whales to their kids, I'm not going to ask the kids to get all of that paid off.
Is that clear? Okay, so that is why they have to tap into Messiah. Before keytab and Farah, they have the book of the quests before the book of inheritance, what is number one burial expenses and burial is one of the one our and number two.
I keep on forgetting this all the time.
Now, what is number two,
liabilities that pertain to particular items in the estate, what's number three, liabilities, General liabilities, these are liabilities could be like debts you owe to Allah that He owed to the people. We talked about the differences in what is number four bequests you know, what is number five inheritance, which inheritance goes out first, as Hubble for all, you know, the areas with designated chairs and then there is residuary ears or universal layers, okay.
The Book of bequests, you will find that in the book of bequests, and the book of inheritance, we will talk less about them. And the reason why we will talk less about them as I have is two reasons. One,
will, it will be mainly compelling. So, one is they don't disagree a lot in these topics, which is a good thing. Right? Yeah, they don't disagree a lot of these topics, there are certainly some disagreements, but because of the complexity of the topic, and the fact that they do not want to confuse you any more than you will be confused, because you will be
I will certainly not, you know, it will not be as competitive as anything before, it will not be that comparative, we certainly will mention every once in a while, the different positions of the different mazahub. But I do not want to confuse you anymore, because it's a very complex subject to they don't disagree that often. You know, when it like in the form of inheritance, for instance, one of the major major disagreements is about the inheritance of the grandfather with
That's the full and the half paternal or the paternal half.
So the, you know, they have a honey fan, one report that, you know, they, they give the grandfather everything, they don't give the siblings anything. And that made the Hanafi madhhab, much easier in the fact of inheritance, because that is the most complicated part of the fact of inheritance, dividing the sort of the inheritance between the grandfather, which is the paternal grandfather in this case, and the siblings, which is the full and the half paternal
or paternal half.
But otherwise, they don't really disagree that that often and that much
they do this agree on, you know, multiple issues, but not like before, at least not like before, the fact of inheritance has less disagreements, certainly, than the fact of Zika or the Salah, or, you know, any other topic.
Okay, let's start with with Kodama How to say here, historically, the book was is that the book of bequests ruya on Saladin, that sort of interview, of course, are the Allahu
alayhi salatu salam, ala Kabir Gerardo Machado Anna who met with a Sunni 11
that could be sort of a multi faceted ricotta level to pursue this kind of service, with sudo su Cathy in Naka en toda Nia hieron Minh and Tata whom Allah Tanya Taka phoniness was reported from Southern avvio class or the lower animal
He said O Messenger of Allah, my aim is reached the extent that you see. And I am wealthy man and I have only one daughter to inherit money, should I give away two thirds of my wealth for charity? He said, No, I asked half. He said, No, I asked one third. He said, one third is fine. And one third is still a lot. It would be better to leave your inheritors wealthy than to leave them poor, begging from others. It's okay. So it's either gonna be a pass, he had only one daughter at that time, he got better. And then he had other children, you know, but, but at that time, when he was afraid to die, he only had one daughter, he said to the Prophet sallallahu sallam, you know, I have plenty of
money, I'm a wealthy man, and I only have one daughter, she, you know, if I give her some, if I give her one third that I give two thirds and charities, you have plenty. It's not like, he was not compassionate towards his daughter, it is like, you know, he had a lot of money. So, so he figured that he would give two thirds of his money for charity, and then pass on the one third, and the prophet SAW seven, you know, refuse that suggestion and he's one half and he refused. And he said one third and he said, one third and one third is still plenty. And he said, it is you know, to leave your inheritors wealthy is better than to leave them poor, begging
from people from others.
Okay, so that's, you know, in the beginning of the book, he said that he will start you know, he will mention some of the hobbies which is not really usual in an abridged map, and in a bridge manual, it is not usual dimension or hobbies or Adela or proves a bridge, many ones are meant to be memorized. You just mentioned the rulings, and then the shuru the commentaries will have the identity or the proofs, but he said that he would mention them for their authority and their blessing for the authority and their blessing. He said that were in the mocha demo of the Gita. And you know the introduction to the book.
Then the chef said Rahim, Allah tala
and I put this under the title routing and amount of requests he said Why is the hot booty Metallica higher and and was he to be homeless in America?
It is preferred for one who leaves wealth behind to bequeath one fifth of his estate. It is preferred for one someone who leaves wealth behind to bequeath one fifth of his estate or her estate. So the ruling of the will say and the amount of those say the ruling of the will say what is the ruling?
Because they're running about saying
well I do
Mr. hub, any macroom here has actually all of them
because it depends on the circumstances you have to always think circumstances Okay, what if someone had liabilities, liabilities, I owe people I owe a lot of people money. When if someone has liabilities it is easy for them to write or say in handling the Hanbury method even if that money you owe to Allah subhanaw taala you know, so you have not paid yours a cat or you have not experienced it for your missed fasting or you have to write your essay and you have to spell out your liabilities. So well
in the case of
gonna be mcru porn sub optimal or not recommended falafel Allah, let us say falafel Allah.
Yes, if you have limited wealth
and needy children or needy, inheritors.
You know, it is not you had enough time in your life, to be generous, is you know, you have not been generous all your life now you're being generous at the expense of those poor kids.
So, you know, it's too late.
What about, you know, what about, okay, so these are special circumstances, but the default
must have that
Be the default. So if someone asks you the routing of lasagna, you say depends.
But if someone told you this give me the default, one word he was saying was the hub. So, it depends almost the hub depends if you want to be detailed. Mr. Ham, if you want to be
concise, brief, so it isn't Mr. bs, it is Mr. Hart backwards into the for the memes
according to the forum, it is Mr. Ham and some of the scholars in the past like Azadi and others said that this
is the seventh is worth it because the prophets are the last seven seven and a half Palmer in Muslim in LA who say oh you redo and use efe Joby to La La tiny Illa or sia to mock to Bhutan and it is not it is not appropriate or befitting of a Muslim man who has anything to concerning which he would like to write a will
it is not befitting of a Muslim man who has anything concerning which anyone else concerning which he would like the writer will to spend the two nights except with his was the written by him except you know the with his will say
written by him, it allows you to mock to button and so, so and then Allah subhanaw taala said catabolic remember node interactive
11 model. So, it is worth it has been prescribed for you it has been made mandatory for you. When death approaches you have the leave behind any hire any wealth that they give a was the year that they bequeath to their parents and the to their kin to their kin. So the said bequeathing to their parents has been abrogated, because the parents have become
inheritors of designated shares or in the case of the Father designated and or
residual residuary ears. But, but, but, but, but what about the other part of the eye will be
that still stands according to those scholars who say it's mandatory to write a will, it's mandatory to write a will.
But the four mm said it is only preferable it's only a monster hub. And the pointed out what
they pointed out that the profits are in this very happy that you're using mahatama and Muslim and loadshedding on your read on UCP beetelite, Athenian oscietra October tornado he said Lucia you read one yousefi that he who has property or as well concerning which he would like to write a will or write a testament or you know, because the quizzes, so, the promises are on did not demand a Prophet is saying if you have and this is not basically about the importance of the Wesley as much as it is about what
the as are the feeding of the impending ness of death that you should always feel that death is sort of impending, that is
not really so your was a should be always there to remind you of the impending death because you never know when it comes. So that's that is why the four mm said that was a monster hub. So that is the routing of Australia was in one word is monster hub, but it could be weird if there are liabilities it could be macro or or at least the sub optimal living say sub optimal level if you have little wealth and poor, heirs or inheritors.
What about the amount of it was a year the amount of it was a year cannot exceed one third, and that is according to their agreement, the amount of those a year cannot exceed one third, according to their agreement. Why does it say say
it is preferred for one who leaves works behind to bequeath one fifth Why did he say one fifth? He said one fifth because
the majority, the majority actually support to this position that it is one fifth and the majority of the Sahaba bequeath one fifth of their inheritance and the reason why the
They're gonna have best explained why they the reason why they did is that the prophet SAW some of them said was sort of okay see that one third is
casier kaseya means worth a lot. So you may say it will be a little tricky. If you translate casier you'll say plenty or it'll say too much. So if it is too much, then it means that you should cut down, it you should cut down. And that is why I would love to have bass he said, I prefer that they would give one quarter. And these are the three different positions. One third, one quarter of one fifth, the majority said one fifth and the majority of the Sahaba bequeath one fifth of their inheritance. And it was reported from our bucket over the Aloha anyone others. So one fifth.
That is the amount that is preferred. According to the scholars, even though there is nothing clearly traceable to the Prophet sallallahu Sallam but what is traceable for him is that he felt that one third is a little too much, or one third is a lot.
Then the sheikh said what to say to what the bureau mean, Courtney Mendoza, whoa, hey, boo hoo, I'm in a severe hockey, Juliana irisa Hey,
happy quest is valid play anyone whose gifting is valid. And so is that the is that the year is the emancipation upon the Masters death. So someone says that, you know, my slave or my slaves are all free upon my death, that is called the beard.
Okay, what does the beard mean curly man?
And the beard is like was a except what? Except that you cannot be can't be, you can recant. It was a, you can come back later and say I bequeath this to that to that or to so and so. And, and because that is one so I take it back, I recanted, you know I'm not giving them anything. You could do that. That beer you cannot. Because emancipation as an officer of Korea, the shadow is eager to see emancipation take place. So once you say you're bound by he can take it back.
So to say that beer then a bequest is valid by anyone whose gifting is valid. men could lament the Sahaba to
woman a Slavia to happen.
It is also valid by the discerning child and what not generally it is does suffer and one interdicted for foolishness that this data here, this data here so we're going to talk about you know, when when we talk about capable of Messiah, we will be talking about five main elements of keytab at Messiah, that is theater is one of will say itself will testament Big West.
It was a that is the act of bequeathing the act act.
Because Allah Mousavi is called also always say you have Mousavi which is the bequeath the property.
The Queen the Queen's the property is also called Ottawa say, but we'll just call it a Mousavi here to discern between these two. So that is one and that is five
and number two is the other musi
which is that the stater
and number three is how to musalla who
which is the Ligety
Ligety the person who will receive the request
and number four is
which is the executer of the bequest executer
of the request. These are the five different things that we will talk about. You want to remember that it was the act of bequeathing, how to move see that the stater have musalla who the Ligety had moves on he to execute the request, the person that he designate, or someone else will designate on your behalf if he didn't, to execute. Here are the requests and divide everything that's on hand moves or be the bequeath property.
Now we will talk about that the stager and a shake said that
Hero anyone The one who is who can be at a state or who can be a musi. Anyone who can give a gift can give us a
right? Anyone who can give a gift can give our say is that all No.
To others can give our Savior even though they cannot give a gift. If I am deurali if I am interdicted for my foolishness or my imprudence, my financial improvement is not foolishness in general. But my financial imprudence my family figure that, you know, I'm just like so and on top of my act when it comes to finances, and I'm wasting the money left and right, and they decided to go to court and asked for interdiction for Hajj.
And they were granted, you know, I was really found to be just like so. But this is really like severe severe cases of financial improvement. So they found that, you know, I have gotten myself into that and I very wasteful and so on. So the the imposed that interdiction on me it's the sort of legal seizure of property, legal seizure of property, can they prevent me from writing they will say, No, they cannot I can start right.
Now, who else has a discerning child, a discerning child can start right over say, what is the difference between a gift and I will say Yeah,
well, two things. Number one, I will say is to be executed after your death. So it's not like you're going to harm yourself. We're keeping the discerning child from giving gifts because we do not want them to harm themselves we do not want them to be exploited by others, you know, and to cause themselves harm. We would not allow them to give gifts
until they reach puberty and then they can decide whether they want or not. But we will not allow them to give gifts can we have them can they write our say yes and yes, because it will benefit them after their death and it will not harm them in their life. And at the same time, you know, the interdicted for the basically for the interest of his family can give us a year, even though we will not allow him to give a gift for for the sake of the creditors or the family members or just, you know, the sake of people who have rights. So we will not allow him to give a gift Why would we not allow him to why would Why would we allow him to give to make a lasagna but not have a gift because
there was he is limited to one third. And Allah subhanaw taala has given them this opportunity if they have not been particularly generous, or if even if they've been particularly generous, but opportunity to earn, you know, good rewards are in Havana by bequeathing some of their property and it is limited to one third. So the family should not come and say that we are
that there this person is wasteful or anything, because it's just limited to one third, it's not going to deprive the other inheritors from their rights. And even creditors cannot say that he cannot be pleased. Why because when he dies, when he dies, you're gonna get your money first, right? People creditors will get their money first because we said that that will be paid off before the bequest if anything remain, it will go to towards the will say or the bequest
Okay, so what about the arrow and you will find this in the book, you know, it is the child the financial financial transactions by a child, what is the finding the capacity of the child to conduct financial transactions?
Which child are we talking about the discerning child, the non discerning child cannot conduct any financial transactions. The discerning child, someone who is like 10 years old and is not they reach puberty. That's a discerning child. So what about this discerning child? What can he do? The scholar is that you know that financial transactions are three different types. The first type is purely in their interest purely in their interest.
Number three, purely
not in their interest.
Number four, mixed
The sort of the,
it's a mix that could be it could go this way it could go that way, or it has like a sort of mixed benefit of harm together. If it is purely in their interest, any child can certainly accept the gift, you want to give a child the gift, but that's fine, they can accept that they have the capacity to accept gifts.
Purely not in their interest, no child has the capacity to give away,
you know property, no child has the capacity to give away property
mix, which is financial, various financial transactions.
That is when they disagree, that is when they disagree. So some of them said that the child would be able to
conduct these upon the approval, we're not talking about the request here. Because the request we said that the child children, disabled children will be able to be quizzed, we're talking about in general, and mixed like Sal, you're by yourself the things that could could have mixed results.
Upon the approval of the Guardian, the majority said that the child may be able to upon the approval of the guardian to the to conduct these financial transactions. Upon the approval of the Guardian, the majority said that the children can conduct financial transactions after is not even with the approval of the guardian.
But if you want to remember the hand very position upon the approval of the Guardian, the custodian, you know, the children are capable of conducting financial transactions that are of mixed results. All of them agree or agree agreed that they can, that they have the capacity to perform financial transactions that are in the interest, they don't have the capacity to perform fastners actions that are not in their interest. So remember, so remember, giving away gifts or property is not in your interest. We're talking about which interest now, yours are the word of the interest here, but now it's like, monetary, yes, there's a conflict between the legal age
18 in the United States,
we will we will be okay with the 18 the Hanafi said 18. So sometimes it's like, you know, Happy 17 for boys and 17 for girls is the cutoff between majority were between adulthood and childhood. If you don't have the biological markers, all of them agreed that if you have the biological markers, puberty is the cutoff. But if you don't have the biological markers, then the Hanafi said 17 and 18 and some other numbers have been mentioned also and the majority said 50. So, it is not unreasonable for states in general and for laws in general because you do want to streamline things and you know have certain numbers and so on. So, if if in Muslim countries for instance, they use 18 they are not
too far off.
And unfortunately I you know, we are unable to finish what we set out to finish today. So we were just given an introduction talking about the running good amount of requests and talked about this theater and we said that this theater could be anyone who can give a gift and has the financial capacity to give a gift and in addition to this discerning children and people who are interdicted mature Allah himself after foolishness for financial improvements will also be able because there are some differences between Australia and gift. Next time inshallah we will talk about the liquidity and the breeze the property and some arithmetic problems.
And hopefully inshallah, we will not take more than three sessions to finish the book of requests. and thereafter we will start the book of inheritance and hopefully inshallah, it will not take us more than 15 sessions on the book of inheritance
protocol the other