Hatem al-Haj – Fiqh of Inheritance #10

Hatem al-Haj

Fiqh of Inheritance – Chapter on Residuary Heirs

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).

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The concept of "has he" is discussed in relation to "has he" and how it relates to "has he" in relation to "has he." The importance of "has he" is discussed in various scenarios, including a secretive situation, family with multiple siblings, and the concept of a family with multiple siblings. The speakers also touch on the concept of "has he" and how it can be measured, and the importance of "has he" in relation to "has he." The discussion then shifts to the concept of "has he" and how it applies to multiple scenarios. The speakers also discuss the concept of "has he" and how it can be measured, and the absence of boys and sharing shares with the father and siblings.

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			We did
		
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			talk about you know, residuary errors a few times before. And we said that sometimes they translate
this as universal errors.
		
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			And the reason why I chose to I chose the that particular translation residuary errors is, it's more
is that it is more descriptive of the way they inherit, or through which they inherit, they only
inherit the residue, the remaining part of the inheritance. Because the Prophet sallallahu Sallam in
the Hadith that was reported by Bukhari and Muslim from of the lab now best set what has to happen
for a ba, ba, ba, from Eldorado in zacher. Give the designated chairs that are deserving errs, and
whatever we will end the remainder goes to the most deserving male
		
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			relative.
		
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			So, I happen
		
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			to know Roger in soccer, gave the designated chairs to those who are more deserving. And if you
remember last time, we said that the first the first thing that we will start with is as harbored
fruit or people with designated chairs
		
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			and the second will be what alasa bought residuary years
		
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			and the third will be wet
		
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			rot which is redistribution or rot
		
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			rot the means what that if you have extra you'd you know you can never have robbed if you have
reservoir ears. You can never have rod if you have reservoir ears.
		
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			Why? Because there is your hair sticking the rest
		
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			so the concept of Robin residuary errs, are the This concept is mutually exclusive. They're mutually
exclusive concepts. They just they don't you know
		
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			coexist. So, okay. And then what else what's number four
		
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			Hi there Ken
		
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			Ham
		
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			and what's number five?
		
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			First of the Muslims which would be the Treasury by total man.
		
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			So the oma would inherit the person designated chairs, residuary is redistribution other kin
Treasury has hobbled food
		
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			or ham battlemat Okay. Now,
		
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			so, this is where they belong,
		
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			they only take that residue.
		
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			So, you may like I said,
		
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			So, those are stronger or those
		
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			designated chairs are stronger.
		
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			But, you know, the son is here
		
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			does not have a designated chair. But like I said, he would always have the power to partially block
MIT had partial luck for fully blocked completely blocked others. So,
		
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			there will you know, the designated shares in the presence of the sun will never be more than what
		
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			seven out of 12 shares will go to designated shares, but there will be always at least five out of
12
		
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			or five twelfths that will go to
		
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			the son and if he has sisters, and so on would go to them. Why is that? Because as we said if you
have a son, this is the season if you have a son
		
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			let's say that the season also have a
		
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			not a wife, but you know, let's say that this is how the husband
		
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			okay? And if you have a son,
		
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			and you have everybody else around the disease, everybody survived. Everybody is good.
		
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			How would inherit the father will be limited to what?
		
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			one sixth?
		
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			The mother will be limited to what? one sixth? The husband will be limited to Earth from one half to
one quarter.
		
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			Right?
		
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			Okay, so
		
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			now what does the brother get? Nothing completely blocked, partially blocked, partially blocked,
partially blocked, completely blocked. So one six and one six is one third.
		
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			Or you could say, if you're making it out of 12, because you have four here, if you make it out of
12, that's two out two out of 12.
		
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			Two out of 12
		
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			What is this three out of 12? Right? So two plus two is four, and three is seven.
		
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			There will always be five out of 12 left.
		
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			If there is a son, there will always be five out of 12 left if there is a son, can you imagine
people with designated chairs taking more in the presence of the Sun taking more than seven out of
12?
		
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			Never. Because
		
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			like if everybody was if He was survived by everybody, the whole clan? Well, you know that the
Father blocks the grandfathers, you know, you know that the mother blocks the grandmothers, you know
that the son will block all the house she, you know, brothers and uncles and cousins and all of
that, you know that the son will partially block the Father, the mother and the husband, who are the
six people that would always inherit, always inherit.
		
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			Mother, father, husband, wife, son, daughter, six people, they will never not inherit. Those are the
only people that will never not inherit, okay?
		
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			So the sixth chapter on residuary heirs, will occur in youth leave enough see how we record in
Africa Illa Zelda, while Mata wa savatya they are every male relative who is connected to the
deceased directly or through another main relative except to the husband to the female emancipator
and her reservoir ears except to the husband, the female emancipator and her reservoir ears
		
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			you could add to this what
		
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			one thing that can be asked about, but it is not a mate relative directly connected to the deceased
		
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			mother
		
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			after public implication, then she will be possible for her that will be possible to positions in
the mother. So she either will be the asaba or harasser but will be the awesome and that description
of a male relative directly connected to the deceased
		
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			directly connected to the SES meetings through main relatives. So, it is male relative that is
connected to the disease through male relatives.
		
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			The closest will be the one to get the inheritance out of them. But out of that description made
relative directly connected to the disease through my relatives, he made two exceptions, he said the
husband and the female emancipator and the reservoir ears, why did he say the husband because the
husband is a male relative
		
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			directly connected to the disease, but he will not be possible
		
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			he will be he will have a designated chair and he will never be possible, he will never inherit the
rest. So, that definition of a male relative directly connected to the disease,
		
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			you will have to make an exception from that definition, the husband is a male relative directly
connected to the disease the but would never be possible the other exception.
		
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			So, the other exception would be
		
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			on the opposite side. Now a non male relative that will be asked here we have the example of a male
relative that will not be possible.
		
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			What is the example of a non male or a female relative that will be possible that she had mentioned
mentioned the emancipator, the female emancipator
		
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			if she emancipated the person and then the person did not have his own house or barn
		
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			She will be as possible, she will be there as it were here have that emancipated slave that she she
emancipated. So,
		
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			but you could add to this, who
		
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			the mother, as we said, after public implication Are there any use of mutual invocation of curses.
		
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			So if the Father,
		
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			the mother of the child who was denied paternity by the father, or the mother of the child who is
fatherless,
		
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			she will inherit him as a residuary heir or her reservoir, the heirs would inherit him as a
residuary as residuary hears, okay. So, I want you to remember the definition, we know the
exceptions, there are two exceptions, some females that will be also bought and some males that will
not be asked about the male that will not be asked, but he's directly connected to the deceased as
the husband and the female that will be asked about even though she is a female and not a main is
the emancipator, a female emancipator and the mother of the child who was denied paternity or who is
fatherless Okay. Now, going back to the definition itself after we have you know, known the
		
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			exceptions, the definition itself is that the valsalva will be a male relative connected to the
deceased through male relatives. So, is the brother may and relative connected to the deceased
through male relative Yes, he is the son of his father. Is the grandfather made relative connected
to the deceased through Maine relative? Yes. Is the grandson me and relative connected to the
deceased through my relative Yes, great grandson, great grandfather, is the uncle connected to the
deceased through my relatives? Yes, look at this. This is the uncle here. This is the grandfather,
father.
		
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			This is so is the remote this this guy here? Who is this? You know, you can't even have a name for
this.
		
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			But it's let's say a remote cousin. So, you know, but he may not be a cousin because he may be here
for instance
		
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			he may be this one at home or he may be like somewhere. So, anyway, he says he would be somewhere
like like a remote remote uncle
		
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			type of uncle or great uncle or something remote nephew or great nephew, remote cousin.
		
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			There is no great cousin right. So, yeah, but so, he will he will be somewhere out there. But still
if we can get him connected to the deceased through my relatives, if this one here, all of these are
not present and this one is present, connected, connected, connected, connected, connected,
connected, connected, connected. So he will inherit the rest, the remainder, the residue, he will be
arrested by the air.
		
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			Okay, then the sheikh said what happened with me Rafi, Accra Boom, Boom 1111 awesome Avenue
innocence, Ahmed Abu Abu and Allah and Allah mia koneko. So my bet would be some naganuma in
		
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			the
		
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			happiness of any urban men who were in as well I would, I could look it up in acabo de
		
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			la home and Kennedy fly he,
		
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			the one who most deserves the inheritance is the closest and the closest is the son, then his son,
however far down in generations and then the father, then his father, however far upward in
generations, given there are no siblings than the father's children and their children, however far
down in generations, then the children of the paternal grandfather, then their children, however far
down, this means the children have a more distant male ancestor will not inherit in the presence of
the children of a closer male ancestor. And the most deserving of the children of one main ancestor
are those closest to that main ancestor. And if they are at the same distance, then precedence will
		
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			be given to the one connected through both of his parents. explanation, okay, so as we said last
time, we repetition is always helpful because these
		
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			things tend to get forgotten. As we said last time, we have three variables, three variables to
consider. What is the strongest variable?
		
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			direction, mg.
		
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			direction. Second, the most important variable.
		
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			Proximity.
		
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			Third, the most important variable or most important, the last variable and forward strength.
		
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			How do we interpret this? Okay? That is what he's saying. He's saying that when it comes to jafa
reality takes the precedence all the time, we know what reality takes precedence all the time,
descendants take precedence before ancestors and before how Ashi
		
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			whenever you translate Hershey into
		
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			science or like, whatever.
		
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			So you're going down all the way before you think of going up. Will the father always inherit? Yes,
we all we always said the father will always inherit, but how is he going to inherit not as not as a
residuary here in the presence of sons or sons, sons, the father, even in the presence of a great
great great grandson, see how far that is? You know, the father will still be in blocked by the
great, great, great, great grandson, he will block the father from being a reservoir here. Or, you
know, in the case of daughters, the authors have blocked the father from being just the raspberry
here into 160 plus residuary. But that's a different story. But in the presence of the son, he will
		
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			not he will change the status of the Father from being a residuary heir, who gets the remainder into
being a
		
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			designated share here, who gets only 1616 and everything else would go to this person here. So that
that is the first Jihad descendants, the second jihad is ancestors. But
		
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			because of the disagreements that we have gone over before about the job, we divided the ancestors
into two categories, two sub categories, and above our to do the above is parenthood to do that is
what great Parenthood. So ababwa has different rules. Because in the presence of a lab, you know,
and the absence of the ebb and the sun, the sun's or sun suns, in the presence of the ARB, no one
else is inheriting, he's blocking everyone, he's taking all the remainder. Hello, hello, in the
presence of a jab, or a great grandfather of a grandfather or great grandfather, what is happening,
we're getting into this complex situation where he will need he will have precedence, he would have
		
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			priority he wouldn't be stronger than the siblings, but he will not completely block the siblings,
which siblings are we talking about? Full hand paternal half, not maternal half maternal half will
always be blocked by the grandfather, full and paternal half the grandfather does not have the
strength of the father to completely block them. But he is is he stronger than them? Yes, he is
stronger than then. That is why we said before that we will give them the greater of this or this or
that one sixth of the whole thing one third of the remainder or being like a partner with them. So
one sixth of the whole estate one third of the remainder after us having followed the designated
		
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			chairs, take their shares, or
		
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			you know, being like one of the siblings, whichever is better for him. That means he's stronger.
That means he's strong. Okay. So that is the the grandfather with siblings. Now we don't have this
direction. We don't have to know what we don't have.
		
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			We don't have to do that.
		
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			Well, what are we doing now? We will look for a house he will look for a house he has a means what
in books when we write a book hashey I mean side notes and footnotes. So those are your footnotes
and side notes. You know, it does not be literal. But But anyway, your ears
		
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			blings your uncle's, your cousin's your nephews, they are the sides, they are not our moodiness and
that is the point that they are not the pillars of your lineage. You know? Can you imagine their
absence? Yes. Can you imagine? Can you imagine the absence of your grandfather, you will not be you
will not exist, you know that NASA is the pillar of your lineage. And the same applies to the people
who they say that your children are your sort of immortality, anyway. But,
		
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			but anyway, the idea here is that your children
		
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			are part of this arm on a part of this arm was part of this fitter, you know, up and down, go into
the sides called how ashy side notes.
		
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			So, here we have this so we don't have vanilla, we don't have our parenthood we don't have great
Parenthood, what we will do is we will go
		
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			we will go to the how Ashi that are connected to you through whom your father first your father
first
		
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			Okay. And then because because the jehanne the because the you know,
		
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			look at this. So, this is this is your sibling grade, this is your nephew, right? This is your
father, this is the deceased, this is the father of the deceased, this is the full sibling of the
deceased, he comes from the same father and mother, this one is the pattern This is full and this is
paternal. Here, this is full, and this is only paternal. So this sibling this, this is your brother,
this is your full brother, son of your father and the mother This is your brother. So
		
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			forget about phone or or or parental here, but I have this brother has, you know this son here and
this brother died and this son died. So your great nephew is alive? This fellow here is alive.
		
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			At the same time, at the same time, who is this? This is your grandfather right?
		
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			Hand? Who is this?
		
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			This is your paternal uncle? This is your immediate paternal uncle. This is your immediate paternal
uncle. This is your brother's brother.
		
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			Huh?
		
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			Your father's brother? This is your father's brother? This is your medium in the presence of your
great nephew and your immediate uncle? Who would be there as it were your great nephew?
		
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			Is he closer to you? Or who's closer to you, the uncle or the great nephew?
		
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			The uncle is closer, why are we given the great nephew if the uncle is closer, because proximity is
not the most important variable, because we will have to look at the J heifers. And this is
connected to you through your father, not your grandfather. So you will go down the lineage from the
siblings before you think of anyone you know, if you look at proximity, you know and there may be
some differences in terminology here, like which one is closer to you. But if you look at the number
of connections, that is not what you're looking at, now, you're looking at how they are connected to
you before you are looking at the number of connections.
		
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			In a second consideration, you will look at the number of connections How is it that you look at the
number of connections easy. So, now let us say let us say
		
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			here, this is a paternal uncle. This is a paternal uncle. This is the paternal half brother of your
father. This is his giant. This is another child. This is another child.
		
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			This paternal uncle died, but this child of his is alive. And this child of his is alive who
inherits
		
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			this one or this one.
		
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			One of the top where the one on the bottom, the one on the top, why proximity is closer to you in
terms of connections count the number of connections is closer to the seas Okay. Then finally the
last thing that we will consider now is what
		
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			strength. So, you have you have
		
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			okay. So, this is your full sibling, son of your father and mother, this is your paternal sibling
son of your father with another woman here or here, this is your uncle, the full uncle, who is the
full sibling of your father and this is the paternal uncle half for P or both is it full or paternal
or both?
		
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			Full only the full only and will exclude the paternal because he has more strength, if he if they
are equal here in terms of their the direction and if they are equal here in terms of their
proximity,
		
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			then we will give the full let us say let us say that I have this okay. So let us say hi have this
		
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			Who is this? Now this is the full article for uncle Who's this? This is his son, son, who is this?
This is your paternal uncle. Let us say your full uncle died. And you were survived by your paternal
uncle and the son of your uncle, who will inherit
		
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			son of the Polanco wrong.
		
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			Guys, strength comes after proximity. Is your paternal uncle closer to you or the son of your photo
of uncle? Your paternal uncle is closer to you than the son of your full uncle?
		
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			Younger, younger younger?
		
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			No, it applies. But no,
		
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			no
		
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			great, great, great grandson
		
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			before anybody else.
		
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			Yes, the great great great great grandson would always inherit because of because of the direction
is more important than the proximity.
		
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			But, but I am saying here that the proximity is more important than the strengths you have a
paternal uncle and a full uncle who is stronger the full uncle. So, if you have a paternal uncle and
a full uncle who inherits the for uncle, whose father So, Solomon is one of
		
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			the prophets of 711, who said decreed that the full siblings would inherit you know before would
give be given a precedence and inheritance or inherit without on a rollout or exclude the half the
paternal half siblings. So, I have the full and the paternal.
		
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			They are they the same job? Yes. Are they the same proximity distance or number of connections? Yes.
Are they the same? Cova? No, who is Aqua who is stronger, the full I will give him the rest. But
here I am telling you I have
		
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			the son of the full uncle and the paternal uncle himself, not his son, the paternal uncle himself
follow this order. In terms of direction, in terms of direction, are they from the same direction?
Yes, they are from the same direction.
		
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			What is the second variable here? Is it strength or proximity, proximity. So who's who has less
connections and lesser number of connections the paternal uncle, not the son of the full uncle, the
Son of the Father, Uncle Uncle has a larger number of connections between him and the deceased. So
he will not inherit in the presence of the paternal uncle, the paternal uncle will get everything
		
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			that's clear. Is that isn't it? Okay. Yes.
		
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			For
		
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			maternal
		
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			purposes, okay.
		
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			So, he says is that clear that should be clear. Next he said what about a minimum your sunako at
work the Simona marwadi suit executive needs to have they don't say we live in one
		
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			minute there are four who will make their sisters corners where it is. So, they will have all their
inheritance divided between them for the male twice as much as for the female, they are the son the
Son Son, the full brother and the paternal half brother, okay. Here, one thing I wanted to mention
before we move on to the next one, which is the idea of core residuary errs, asaba bill higher core
is is very airs also by Bill okay. So, one thing that I wanted to mention, can we say that there
isn't one here would inherit everything can there be more than one residuary air?
		
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			Yes.
		
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			When can there be more than one residuary air?
		
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			There there can be more than one residuary here, if they are equal equal equal.
		
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			You have you know, 200 grand sons at the same level.
		
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			They will all be rezone errs of the are the same generation 200 grandsons of the same generation.
		
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			Some people do and like don't think that you know, yeah, without mentioning names.
		
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			So 200 grandsons of the same generation, they will be called, they will be residuary heirs, all of
them at the same time. Now, the idea of course, is right here, like our main relative making his
sister heritage, we're here with him. When does that idea apply? In four scenarios only, for only
this son will make his set. This son will make his sister court is right here with him. This with
this, this with this. This is two scenarios because this and this are we just call them hubnut Ave
and naza the son of the son no matter how many generations now. So the 11 and 1111 no matter how
many generations now, the Son and the sons and sons, no matter how many generations down, what do
		
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			they do to their sisters, they make them residuary hairs with them, and it will be two shares for
the male, one share for the female. So one and two, the Son and the Son Son, who else makes his
sister's Reza Coco residuary errs,
		
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			the sibling, whether it is full or paternal, the full or paternal siblings will make their sisters
core residuary errs, okay.
		
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			will make their sisters cool. residuary ears, the full and the paternal.
		
00:33:23 --> 00:33:31
			So that is three and four full sibling when making sisters quarters, right ears, it's two and one,
you know.
		
00:33:32 --> 00:33:35
			Yes, step two and a couple allow you to communicate Africa to Morocco.
		
00:33:37 --> 00:33:38
			Morocco matakohe.
		
00:33:39 --> 00:33:46
			In Canada, it's not a new phenomenon sort of steady methodical, you can genuinely say that his
decade in Israel has the unsane way in
		
00:33:48 --> 00:33:53
			the last version, so, what I can say is about this, this issue.
		
00:33:55 --> 00:34:53
			last verse that says about this issue, and if they if one is survived by his sister, she will get
half half if he if he survived her he would have all if it is more than one sisters. You know, they
will, two sisters are more where they will take two thirds and if it is siblings, that are males and
females, the male will get twice the female in that arrangement. So here full and paternal, okay.
Now, let us go a little bit farther away from here. So let us go to let us go to the full ankle.
Full anthem. The full ankle has a sister here aren't your paternal aunt, you will survive by your
full paternal uncle hand your full paternal on
		
00:34:55 --> 00:34:59
			when the full uncle make her a co residuary heir
		
00:35:00 --> 00:35:40
			No, he will not. When, when his son, your cousin, make his sister choruses were here know when your
nephew nephew, nephew, your nephew, make your niece chorus you residuary air. No, only four cases
had Eben Wagner who will actually avoid well actually the sun the sun sun, the full pattern the full
sibling, the full brother hand the
		
00:35:41 --> 00:35:49
			paternal half brother, only those four will make their sisters call residuary hears
		
00:35:51 --> 00:35:53
			and remember when we said before
		
00:35:54 --> 00:36:05
			that you know ebenen avenue that is belongs to all of our generation can make you know his own two
quarters into it here if she needed him. You know, remember that story bent in heaven?
		
00:36:07 --> 00:36:09
			Yeah, but anyway, so
		
00:36:11 --> 00:36:56
			but then that's the these are the four cases then the chick said woman I had down the unfettered is
the code between Eros cabana and fo r ma'am have any, any other means we'll take the remainder such
as the brothers, sons, the paternal uncles and the sons of the paternal uncles side from those four
scenarios in what all go to the closest male relative? Because unhappen for either the backup
anyhow, Lara Jordan zacher. So give the designated shares to the deserving inherent inheritors and
the remainder will go to the closest man relative, why is it that in these four cases were given to
the male and his sisters because that was spelled out in the revelation?
		
00:36:58 --> 00:36:59
			Okay, what is
		
00:37:01 --> 00:37:10
			what is called when? kanima who Farben Budi abbyy what kind of back the the loss of Rasulullah
sallallahu Sallam and happen
		
00:37:12 --> 00:37:24
			during soccer, when the residuary here is alone, he or she, he or she, she, when when can a woman be
arrested were
		
00:37:25 --> 00:37:27
			female emancipator
		
00:37:28 --> 00:37:39
			and the mother of a fatherless child who's denied paternity and the iron public application or
mutual invocation of curses, okay.
		
00:37:40 --> 00:38:25
			So, he says when the residuary here is alone, he or she inherits the but that Mother, you know in
public, the authorize the view in the method is that hers is where the heirs will be the result
where a year it is the the variant view within the method that she will be the reservoir here, not
heritage warriors, but anyways. So when there is ready here is a loan or he or she inherits the
entire estate, if there is an heir with a designated share along with the reservoir here that
designated share will be given to him or her first, with the remainder for the residuary heir. This
is because the Messenger of Allah Azza wa sallam said, Give the designated chairs to those who are
		
00:38:25 --> 00:38:52
			entitled to them, and what remains goes to the nearest male heir. That's clear. Then he says, For
any stock rocket and food and man, if if the designated chairs exhausted the entire estate sakalava
then the residuary heir is precluded, there is right here does not get anything, because sometimes
you will have. So we said,
		
00:38:53 --> 00:39:11
			we said what we said that rod and inheritance about about would never coexist redistribution and
inherit, and would never coexist with residuary heirs, there is another concept that will never
exist to the residuary heirs, which one
		
00:39:16 --> 00:39:32
			proportional reduction of shares we will come to the chapter of our later and saw the proportionate
reduction of shares. When does that happen? If you have people with designated chairs, that not only
sort of
		
00:39:33 --> 00:39:48
			not only are entitled to the whole estate, their shares are even more than the estate. So they're
entitled like if the estate can if we're dividing this estate to let us say, six
		
00:39:49 --> 00:39:59
			as we will come to Ahmed for Rajaram. And for that, the so if we divided the estate into six shares,
there will be people entitled to 10
		
00:40:00 --> 00:40:17
			shares. So we will have to do proportionate reduction. And instead of the denominator being six, we
will have to make the denominator thin. And the people that are deserving of designated chairs
consume the entire estate or more.
		
00:40:19 --> 00:40:43
			Then Bridget white hairs have no place here in this massada in this distribution places where the
IRS will have no place in this data to prove the mouse a couple of possible if the designated chairs
exhaust the entire estate then the residuary IRS is precluded, as in the case where the C's favor
cannons out Home Equity home equity line
		
00:40:45 --> 00:40:49
			for the soldiers fought it almost so that's what it fit on the
		
00:40:51 --> 00:40:53
			other line, what are some moussaka?
		
00:40:55 --> 00:40:58
			What hemera Yeah, what hi Jerry well, moussaka
		
00:41:00 --> 00:41:07
			has so many names well, Canada, Canada, Canada on a sort of sandwich, you know, to some photo
		
00:41:08 --> 00:41:18
			if the designated shares exhausted the entire state then the residuary error is precluded as in the
case where the deceased is survived by husband, husband
		
00:41:23 --> 00:41:26
			okay and mother,
		
00:41:30 --> 00:41:31
			maternal
		
00:41:32 --> 00:41:37
			half siblings, maternal half siblings
		
00:41:38 --> 00:41:42
			and full siblings full
		
00:41:43 --> 00:41:44
			siblings
		
00:41:50 --> 00:41:59
			hear the husband takes one half the mother one sixth then the maternal siblings one third and the
full siblings are precluded.
		
00:42:12 --> 00:42:30
			This is called done with sharika shared or add him area in reference to him out or donkey if they
are sisters only instead they are together entitled to two thirds and the problem is subject to
proportionate reduction of the shares from six tenths
		
00:42:31 --> 00:42:35
			This is this case is called Ahmed fudo.
		
00:42:36 --> 00:42:39
			The you know the sisters
		
00:42:41 --> 00:42:44
			if you have sisters, so,
		
00:42:49 --> 00:42:51
			this will be a different case here.
		
00:42:52 --> 00:43:17
			So, in this moussaka Maria what is happening here you have a husband, you have a mother, you have
maternal siblings and you have full siblings, that is an explanation of how the residuary heirs work
how you know, inheritance by robot works, they get the remainder. So I have here in this case, a
husband, husband, mother, maternal siblings, full siblings, what does the husband get?
		
00:43:19 --> 00:43:20
			Why is he getting one half?
		
00:43:23 --> 00:43:27
			Okay, hey, I like that No, inheriting offspring.
		
00:43:30 --> 00:43:35
			virus, no inheriting offspring. Now, Ivan will do that for us.
		
00:43:36 --> 00:43:44
			So it means no children, but it is more accurate because the, the great grand daughter
		
00:43:46 --> 00:44:34
			or no, not that the granddaughter I should say the the children of the daughter, or the children of
a doctor, or the or sons daughter, the children of the sons daughter, the children of a daughter,
the children of a daughter, his daughter, etc. They are not inheriting offspring, although they are
children. So inheriting offspring, the lack of awareness, the lack of inheriting offspring will make
the husband entitled to one to one half Have there been and that is the only condition that we look
for in terms of the spouse. We're not looking for any other heirs. We're only looking for inheriting
offspring. There is they get husband gets quarter the wife gets a husband gets quarter. The wife
		
00:44:34 --> 00:44:44
			gets eight there is not inheriting offspring. The husband gets half the wife gets a quarter. He has
given one half here. What does the mother get?
		
00:44:45 --> 00:44:47
			Why is the mother getting one sixth?
		
00:44:49 --> 00:44:54
			Exactly. Because you have more than one sibling.
		
00:44:55 --> 00:44:59
			Even though because we did say this before he even though
		
00:45:00 --> 00:45:51
			They are connected to the deceased through the mother, they will not only inherit with her, which is
unlike all other cases, all other cases if you are connected to the deceased through someone and
that person that connection between you and the deceased is alive, you will not you will never
inherit except in which scenarios, one that is agreed upon by the form of this is it, the maternal
siblings in the presence of the mother, they will inherit Not only that, they will partially block
her as well. If there is more than one maternal sibling, it's called Jimena, FYI, it's multiplicity
of siblings, they will reduce hair share from one third to one sixth.
		
00:45:53 --> 00:45:57
			Who else will inherit in the presence of the connection if you remember,
		
00:45:59 --> 00:46:34
			the father is the mother she would inherit as a grandmother in the presence of her son which is the
father because she's inheriting as like grand as a mother, but there has to be no mother in this
case to inherit, okay, but even in the presence of her son, she isn't everything, but this is
according to whom combat is only okay. So, the maternal half siblings will inherit in the presence
What do the maternal half siblings get? When can I return euro to Kerala.
		
00:46:36 --> 00:46:48
			So, this fan can experiment vatika for home Shoraka office sodas in value or certain use of the
holiday. So, it is a you know when I was describing kallada
		
00:46:50 --> 00:46:55
			he says if he was in his sort of survived by
		
00:46:57 --> 00:47:23
			a material He did not say material, but this interpretation of the scholars by his brother or a
sister each one of them would be entitled to one sixth and if they are brothers, if there is more
than one then there are co heirs deserving the one third they together are they are together
entitled to the one third. So we have more than one here sibling, they give the one third, what is
one half, one sixth and one third.
		
00:47:24 --> 00:47:26
			That is one
		
00:47:27 --> 00:47:47
			one estate has been consumed or not consumed. So this was this case was presented to Amara de la
Juan. And he said, Well, they have and they were full siblings. They're full siblings came so so
they are connected to the deceased
		
00:47:48 --> 00:48:14
			through the both parents and the siblings that are connected to the deceased only through the mother
and they're not the children of their father from a different father. They are inheriting and they
are being precluded. So how much said Well, that is when it's that's going by the book, you're
precluded. These are the designated chairs. You know, here your you get nothing.
		
00:48:16 --> 00:49:06
			Now, they came to Amara delanco. In another, you know, incident Zeid, he came to Amara lavonne and
told him have an Habana home Kana hemara have n who can handle an old pf dm So, suppose that his
their father was a rock that was thrown in the in the ocean suppose that their father was a donkey,
you know, he should not hurt them, you know, that the fact that you know, they are the children of
the same mother, all of them are the children of the same mother. The only difference between those
and those is that they share with the deceased also the same father, whereas these don't share with
the deceased the same father. So ignore the father, consider the father to not be present. Consider
		
00:49:06 --> 00:49:36
			the full siblings to be just maternal. You know, you know, so allow them to inherit with the
maternal siblings, just like maternal siblings, in this case, it will be to to the male one to the
female. No, everybody will be equal because they are inheriting through the mother has maternal
siblings. So that we will divide this among the brothers and sisters equally.
		
00:49:38 --> 00:49:59
			Now, Amara, the man who can see the desire then the second time, the mannequins and share families
to commerce concession design, as the authorized the view in their mouth, and the mannequins and
referees will give the full siblings with the maternal half siblings, and that's the law in Egypt as
well.
		
00:50:01 --> 00:50:48
			The Hammer fees and ham bellies. They sort of upheld homers first fatwah, which they found to be
going by the book, you know, and they precluded the full siblings and these incidents of, you know,
sort of, and this would would sound awkward because the homies are called the rationalists. And
that, in that particular incident, they seem to be the textualist, not the rationalist. So, that's
why those categories, those divisions are not really sort of, has stiff as people may think.
		
00:50:52 --> 00:51:25
			But also that that that tension between irrationalism and textualism, has always existed. It's just
a natural phenomenon. Just it's natural that you are, like, look at armour, enzymes, or the Alon,
Homer. How did they mean anything? They mean anything other than the realization of the intent of
the legislator or the shadow? No, they did not. It's just that it's our, I mean, if you look at it,
really going by the book, the full siblings don't get anything.
		
00:51:27 --> 00:51:53
			But again, the argument of Zion is pretty strong, you know, this, these guys are connected to the
deceased through the same mother as well. The only thing that is different is that they're also
connected to the deceased through the Father. Okay, so that's the Lakota committee of 100. Peas and
the honeyberries preclude this full siblings, the sapphires and Maliki's. We'll give them part of
the inheritance. And then he said,
		
00:51:54 --> 00:52:02
			Well, ocana McKenna home Howard Canada Suzanne Waterloo, Ella Ashura. Willow Canada McKenna home.
		
00:52:03 --> 00:52:07
			Okay, that tension between designated chairs and in
		
00:52:08 --> 00:52:17
			these full siblings, they could be males and females. If you get the man's out of the picture, what
happens and if you have females only
		
00:52:18 --> 00:52:20
			get the males out of the picture.
		
00:52:22 --> 00:52:28
			Oh, no, but yeah, but but the point here, you're getting the means out of the picture and you're
having females only.
		
00:52:30 --> 00:52:33
			So they are full sisters.
		
00:52:55 --> 00:53:00
			They are the maternal siblings, it doesn't matter where they are, whether they are siblings or
brothers.
		
00:53:01 --> 00:53:06
			The maternal sisters would did not actually matter whether they are siblings.
		
00:53:08 --> 00:53:09
			Whether they are
		
00:53:13 --> 00:53:16
			the gender of parents siblings never matters because they're inheriting
		
00:53:17 --> 00:53:18
			just like equally.
		
00:53:21 --> 00:53:28
			Okay, so here are those full sisters. What did the full sisters get?
		
00:53:32 --> 00:53:34
			Again, two thirds. Because
		
00:53:36 --> 00:53:41
			what when do the sisters get full? Full? When did the sisters get two thirds?
		
00:53:47 --> 00:53:50
			Okay, so the last verse of swords
		
00:53:51 --> 00:53:52
			and it's
		
00:53:53 --> 00:53:55
			in the absence of what
		
00:53:56 --> 00:53:59
			brother is but in the absence of
		
00:54:01 --> 00:54:16
			because the sisters would only get in calella. What is calella in the absence in the absence of
inheriting offspring developers and find where it is or how it works awareness of zacher or the male
		
00:54:18 --> 00:54:19
			and sister
		
00:54:20 --> 00:54:21
			or the male ancestor?
		
00:54:22 --> 00:54:25
			And do we have a male and sister here?
		
00:54:28 --> 00:54:32
			Do we have inheriting offspring here?
		
00:54:34 --> 00:54:39
			That is why they will squeeze in has hairs of what
		
00:54:41 --> 00:54:42
			designated chairs.
		
00:54:44 --> 00:54:47
			When they had boys among them
		
00:54:50 --> 00:54:58
			they did not qualify for the designated chair thing. It was passim the boys made the masaba
		
00:55:00 --> 00:55:03
			So if you're not inheriting as
		
00:55:04 --> 00:55:20
			a designated chair here, you wait for the rest. If there is no rest, you don't forget anything. The
absence of the boys, the absence of the man's move to them from Tassie to too
		
00:55:21 --> 00:55:37
			far and invited them to inheritance. And if we have crowdedness, then we will have proportionate
reduction. And that will be a chapter by itself that we will go over inshallah
		
00:55:38 --> 00:55:39
			and the future.
		
00:55:43 --> 00:55:43
			Our sisters
		
00:55:49 --> 00:55:49
			and
		
00:55:53 --> 00:55:54
			brothers and sisters.
		
00:56:02 --> 00:56:07
			According to your example, here we have a husband, we have a mother, and we have
		
00:56:09 --> 00:56:11
			brothers and sisters, and we have sisters.
		
00:56:13 --> 00:56:13
			So they have
		
00:56:26 --> 00:56:34
			brothers and sisters are never dropped off because of the presence of sisters because the maternal
brothers and sisters are only dropped off in
		
00:56:37 --> 00:56:45
			they don't drop off the maternal brothers and sisters, the maternal brothers and sisters get dropped
off only in the presence of what
		
00:56:49 --> 00:56:52
			inherit inheriting offspring or male ancestor.
		
00:56:53 --> 00:57:02
			And that is any male ancestor. If you're a member, that is not the father only, but is that as any
male ancestor no matter how many generations upwards
		
00:57:05 --> 00:57:07
			you won't have to report your introduction.
		
00:57:10 --> 00:57:27
			So they will get two thirds. And if we if six is the denominator, then we will get three out of six
and then one out of six and then two out of six and then four out of six. So four plus two is six
		
00:57:28 --> 00:57:32
			plus three plus one is 10. So you will get 10
		
00:57:34 --> 00:57:34
			shares.
		
00:57:36 --> 00:57:38
			So what do you do in this case,
		
00:57:40 --> 00:57:44
			you will take that 10 and put it as a denominator.
		
00:57:48 --> 00:57:55
			So instead of the full sisters getting four out of six, they are getting what four out of 10
		
00:57:57 --> 00:58:17
			and instead of the husband to getting three out of six, he will get one three out of 10 simple How
will is very simple. So after you have given it like after you have figured out the shares, if the
shares are more than the denominator,
		
00:58:18 --> 00:58:22
			make the total number of shares that they nominate. And that's it.
		
00:58:24 --> 00:58:26
			Pretty simple. Well we'll come to it and show lovingly.
		
00:58:29 --> 00:58:38
			Okay, cool Cody. Hello, everybody. Welcome to Article 100 Shadowlands that will take seven minutes
and start our q&a session. Insha Allah