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Fiqh of Inheritance #10

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

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).

Episode Transcript

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


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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

00:28:07--> 00:28:29

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.

00:28:30--> 00:28:46

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

00:28:48--> 00:29:07

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.

00:29:08--> 00:29:38

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

00:29:39--> 00:29:43

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.

00:30:05--> 00:30:16

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?

00:31:06--> 00:31:06

Yes.

00:31:08--> 00:31:11

When can there be more than one residuary air?

00:31:14--> 00:31:21

There there can be more than one residuary here, if they are equal equal equal.

00:31:23--> 00:31:30

You have you know, 200 grand sons at the same level.

00:31:33--> 00:31:40

They will all be rezone errs of the are the same generation 200 grandsons of the same generation.

00:31:42--> 00:31:48

Some people do and like don't think that you know, yeah, without mentioning names.

00:31:50--> 00:32:44

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

00:32:44--> 00:33:01

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,

00:33:03--> 00:33:14

the sibling, whether it is full or paternal, the full or paternal siblings will make their sisters core residuary errs, okay.

00:33:15--> 00:33:22

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.

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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

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and remember when we said before

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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

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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?

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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

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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