Fiqh of Inheritance #11

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Fiqh of Inheritance – Other Kin

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

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are allowed

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to proceed Today we will go over the chapter on boiler ham or other kin bags or without ham or other kin.

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And the reason why I translated it as other kin is what I told you before that they are not really dysentery anymore. They're just other

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the sheath defined to them. And the definition of the safe is just exactly what you know the translation says other kin, he says we're home kulu karapatan laser biasa button what are the product

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we're studying. You know, for those who are here for the first time we're studying the book of inheritance.

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And we finished

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the inheritance of us have been through the inheritance of people with designated shares. We finished last time the inheritance of loss about

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the residuary heirs, the people who will get that rest. And today we are trying to finish the inheritance of that will not harm other kin defined by the member Kodama, Rahim Allah in his book and on the

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as whom coloca Robertson Lysa biasa button whereas if

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they are the rest of the relatives who are not residuary heirs and are not entitled to a designated share, because as we said before, when we divide the estate, what goes out you know, who gets their share first,

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okay, people with designated shares and those are called as herbal food and farm as a designate part means obligatoire but for the here means the compulsory share the share that will have to be given out first, so, designated chairs will go first

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as hobble food, what would be second

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president Larry Ayres, and is called the house of art

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is about and they are also about like, because they strengthen you, they circle you, they bail you out, they are responsible for your maintenance, if you are a little baby, and then they are responsible to get you out of trouble when you grow up and you get yourself in trouble. So, they are your ossabaw because of the hand because of all of that they are entitled to getting the rest after the people who have designated chairs have gotten their chairs already. And now,

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what what is next to this

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rod, the rod is next events which is redistribution.

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So, meaning meaning rod, as we will come to see

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means that if if you still have money left if you still have part of the estate that has not been distributed, and you have people who have designated shares in the presence of Asa Bach there will never be a because about our the residuary errs, they don't have a designated chair to say that there will be extra they have to get the rest and if someone is getting the rest the concept of rod This is not there at all. But in the absence of us about if he if I have some people with with designated chairs, but they like if someone was survived by his mother and daughter only what does the mother get? mother

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daughter,

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what does the mother get?

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No, how come

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there is a daughter of brothers sisters.

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suitors because it like was mother and father, you have to look at the presence of children. If there are children, the child will reduce the mother to one sixth from one third to one sixth.

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The father, the doctor will reduce him to one six plus the rest that the son would reduce him to one sixth only. Okay. All right. So the daughter will get what? One half. So what is one half and one sixth? One half, one half is 360. So you have 462 thirds.

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Do you have one third left? redistribution, redistribution? Okay?

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If you have any residue, any air in this picture, the green distribution will not apply. If you have a residuary air and you don't want to have those, there is very heretics everything

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simply. So what is next the redistribution

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czar will not harm other kin

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hierarchy. And this is according to home

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harmonies on Hanafi

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tambellini to be honest with you, it's according to everybody nowadays, because even Americans and shafa is they they they go buy this now in the mathematical amount of safaree did not give away our ham, they jumped from redistribution to the public Treasury, which is beta Mt.

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Beta. However, the latter medic isn't chafa isn't have sided with, you know, hanafy zombies on this issue and they recognize that they will have higher moral on homi Bhabha would have evolved and Vicki tabula and the the relatives, the blood relatives are more deserving of each other are more entitled to each other's inheritance in the book of Allah.

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So they did recognize that the.com should probably take before beta and beta man does not inherit, but beta man takes the money so that doesn't get lost.

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Because at the end of the day, all the children all of us are the children of Adam, not all of us are the children of Adam. So all of us are relatives to some extent. But since it is really hard to figure out who is more deserving than who it is not a matter of inheritance, but the matter of sort of preserving the money and protecting them. So that's what that what that that is where, where this category of heirs belongs, this category of heirs belongs after the US harbor food people deserving designated chairs or loss of waters is where the heirs and redistribution

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or harm would come into the picture and the six

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after he defined them to be other than

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to be other than

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the other than the people deserve in designated chairs and the ASA bar. And maybe we should talk about you know should give examples of that way.

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Before we move to the ruling concerning giveaway or harm and how they inherent maybe we should give some examples of them in our home. So, starting from the closest to the deceased

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that is the daughter his daughter,

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or the daughters son, the children of the daughters, children of the daughters keep in mind that children of the Sun whether they are daughters or sons are considered heirs, they have designated chairs,

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whether they will get them or not, they will be blocked by someone closer now, that's a different story we're talking about, they still have theirs, they still belong to the people of designated chairs, but the children whether they are boys or girls, the children of the doctors or the doctors or the children of the daughters of the sons, children, the daughters or children's with the daughters of the sons or children's with Daughters of the sons,

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well they deserve any inheritance, yes.

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If they you know, in this category, they'll be part of this category. So children have daughters

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and if this is the deceased and this is the daughter, so these people will be very ill are ham, okay. So,

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let us say

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now, who is this?

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This is the maternal grand father, isn't he? Does he inherit as a grandfather?

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No, he does not. He is called the jetted facet. what it's about.

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He's not faster.

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But because he does not inherit the site would be connected through the the paternal side so that maternal grandfather he will not inherit as a person deserving designated chair or a raise is very rare that he's that inherent as well without him. Yes, he does.

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Okay, now

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Going up all also going up also.

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This is the father right of the deceased. This is the deceased. This is the father of the deceased. We said that the mother of the father of the deceased would inherit as a dad as a grandmother, right? We said that the mother of the grandfather of the deceased will also inherit as a grandmother, right? We said that the mother of the great grandfather of the deceased

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will not inherited. This woman will not inherit as a dad. Will she inherit as other kin? That will not harm? Yes.

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She will inherit as other kin.

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Okay, so now

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what about the

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sister? No, no, that is actually the Yeah.

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Yeah, no, this is the system. This is the okay. Yeah. Yeah.

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But I want to get to that, you know, so we're done with

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Hamada, NASA was that we're, we're done with sort of the pillar of lineage downwards upwards. So what about this? So this is the father of the deceased. And this is the mother of the deceased.

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And this is

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the say that these are, this is the same, these are siblings, but these are full siblings. They're coming from the same father and the same mother,

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the son of this one, the son of this one, does he inherit as they are?

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Now because he's awesome, because he's a reservoir here. What about the daughter that she inherited as the way that he or she does?

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Okay, the son of your sister? Does he inherit as though you are him? Yes. Because he doesn't inherit as a designated chair. He's the son of your sister.

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Like if if a person dies and leaves his sister's son, his nephew son of his sister, when he inherited as a

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part of the designated chairs, know what he what he inherited as rare as is right here. No, we will he inherited us though without harm, yes.

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Okay.

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Now,

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the same thing will apply to the child that the same thing applies to this will not inherit because this is inheriting as a raspberry. If the if the if the if you have a sibling from your father, only the same thing will apply like the sibling from your father and mother. You know, their children will inherit in the same way the sons of the sons will be residuary heirs, the daughters of the sons and the children of the daughters will inherit as they will.

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What if you have a sibling that is only from your mother, a sibling that is only from your mother, whether this is a male or a female, and they're only related to you,

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through your mother.

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So that's These are your maternal half siblings, maternal half siblings, maternal half siblings, do the inherit as though we are hung.

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Now, because they are designated share, they have designated chairs,

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although it applies to them perfectly the concept of our ham because they are not really paternal than any that are related to you from the paternal side at all. So that concept of you know related through the womb, yes, they are related through the womb. But keep in mind that we are ham in the sense of inheritance, we're talking about people who are not going to inherit as

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heirs of designated chairs for heirs, residuary heirs, okay? So they don't inherit as residents as they will not harm

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their children. Those children whether they are male or female, that just the children have your maternal half sister, maternal half brother, their children.

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Do the inherit as?

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Yes, because they don't have designated shares. They don't have designated shares. Even the son of your maternal half brother is not a reservoir here. They don't have a designated chair. They don't have designated chairs. They don't have. They are not residuary ears.

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Okay, so now

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now we're done with the siblings and the children of the siblings. What about the What about the the? The uncles? Okay. So, your paternal uncle, your paternal uncle? Yes.

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Correct. The paternal half brother, his son is that is very rare. They they're just like the full brothers. His son is but but they are blocked by the full brothers in the presence of full and half the full gets everything and blocks in terms of residuary ears. Yes, but, but, but, yeah. So now, we're done with that. What about your paternal uncle, your paternal uncle is that without harm?

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No, because your paternal uncle is what possible. So residuary err. What about that son of your paternal uncle?

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Okay, so does not inherit as that will not harm. What about the doctor of your paternal uncle, that she inherited as that without harm? Yes, she does.

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So what's about and this is the full uncle. Now, that paternal half uncle is like this. What about the maternal half uncle? So he is your father as a brother? He is your father's brother, but not, but he is your sort of half maternal, half maternal. So your father has a brother who shares with him the mother only, they don't have the same last name like you. So, that maternal half uncle, does he inherit as the

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heir of designated chair? Does he inherit as ossabaw?

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Does he inherit without harm? Yes, he does.

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Okay, so what about this arm here, she is a paternal aunt, that she inherited as designated chair, heir of designated chair that she inherited as asaba that she inherited as we are

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going up from here, if she is at this level, she is the sister of your grandfather, the same applies.

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Now, but if you have one that is closer, so certainly the one that is higher will not get with the one that is closer, but going back to your other, your maternal side of the family,

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your maternal.

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And the reason why I said the other kin does not mean remote or distant is that the Prophet sallallahu Sallam said about it, highlight the material and who aren't? What did he say?

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The material aren't is is like a mother

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that has the place of the mother was just like he said,

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Abby, the paternal uncle is like the Father. He said the maternal on is a mother or takes the place of a mother. So as you can say to that distant, but the material and the fairness of the Sharia is quite obvious. The maternal aunt will not be responsible, because we have to designate who is responsible for the maintenance of this child when this was a child who was responsible, she was not responsible. So she will not inherit from him as also as a residuary heir. If he kills someone, she is not responsible to bail him out. So she would not get the fuel not be a reservoir here, but certainly certainly the all the autumn I recommend that you would include your maternal engineer

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once a year if she is poor.

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You have one third that that you could that you can manage, you know, any year once a year. So if you have a poor maternal aunt, and you have this one surgery that you can manage or

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That would be just like natural expected that you would include your maternal Argentinian was Okay, so that was her until she inherit as as unharmed Yes, she will. So what about the maternal uncle, when he inherit has that without harm? Yes.

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So the Prophet sallahu wa salam it was reported that he said this woman Larissa, who the maternal uncle would be an error for those who have no heirs or would be the heir of those who have no heirs

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okay. So, these are that would not have that will have, they are basically the relatives that are connected to through the womb, you could say the blood relatives even that are not go that are not as hot food errs have designated chairs or as about reservoir ears.

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The rulings

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the shirahama law said laminata masaba What are the father in law hadiza Jane if

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it hadn't been one or more However, they don't inherit in the presence of any Israeli heirs or any heirs entitled designated chairs except one of the spouses then they would inherit the remainder without blockage or correction for shortage

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which is on our note would be proportionate reduction correction for shortage proportions reduction.

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What does that What does he mean by this? In the presence of this or this?

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These people would never inherit, except in one case.

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Like, why would they not inherit? Why would design our home another hair? Certainly obviously if you have residuary here's the thing the rest so anyone who's taking the rest is just that that's it all done well. But what about designated chairs like this a man died and was survived only by his daughter

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died and was survived only by his daughter.

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What does she get?

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Half

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and I don't have residual years.

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Why are we not I'm not giving anything He is survived by his daughter and his maternal aunt, why is she not getting the Why is she not getting anything?

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The daughter will get the rest through redistribution.

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The author will get the rest through

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the redistribution,

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but why is it that I have one exception which is the spouse whether it is the husband or the wife. So the husband will be entitled in the absence of anyone else the husband is entitled to it one half

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okay. So, if I have a husband and a maternal hand

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what does the maternal and to get in this case?

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Like the mother not like the father?

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She okay. But But why am I Why am I giving the maternal line?

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Okay, yes, because there is no real redistribution for spouses. The only people that will not have redistribution in terms of the the heirs of designated shares are the spouses. And that's according to the 40 mams. What the man said that they can, you know, there is some kind of controversy, but this is karate, this is a controversy among the Sahaba online and so on. But the core themes of the four emails, spouses will not get

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any more than their shares through redistribution, okay. So in this case, the maternal aunt will get the

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the maternal onto and get one third because she will be treated like a mother and the mother would get what in the absence of children and in the absence of children and the absence of what is a multiplicity of siblings. So without children or multiplicity of siblings, the mother will get one third. So what does the maternal and to get in this case

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One half, because you'll get one third and the rest through redistribution okay. So in the presence, but let me tell you this, let me tell you this when you have

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and maybe the chef mentioned

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no he did not mention but but but he said he hasn't been one Amada, he said never had one Amala without blockage What does he mean by block without blockage? he means by without blockage like I have a husband

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and I have a daughter his daughter

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her husband and her daughter his daughter, how does the daughter his daughter inherit in this case

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she takes the place of her mother because basically in in theories that will not harm in a given you know that will not harm their inheritance, you give them the place of the connection between them and deceased who would have been hurt

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they are connected to the deceased through someone who would have inherited right. So, you keep on going up until you get to the person who would have inherited

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So, the daughter is the daughter will take the place of the daughter right What does the daughter do to the husband

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partially blocked him from one half to one quarter does the daughter his daughter do the same? No she does not that is important. So, that is I will not have don't have that power to block

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and and at the same time they don't have the power to do proportionate reduction. Let us say let us say I have a daughter is a daughter here

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and I have

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a sister's daughter sisters

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daughter

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one does the sisters. So the sisters The doctor will take the place of

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the sister the sister is inherit has people have designated chairs Yes or no? Yes. So, we will promote her to her sort of like the connection that will be in inheriting to the place of her mother. So the sisters Lana will be treated like a sister, the daughter his daughter will be treated like a daughter okay.

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The husbands will be what

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the husbands want half one half

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okay.

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And let us say I have In addition to these

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In addition to these, I have a maternal and

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paternal aunt,

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let us say I have in addition to the ease

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I have

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a paternal

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aunt.

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So the daughter his daughter, what does he inherited that he inherits half

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the maternal aunt, what does she inherit? She takes the place of what Who? The mother? So she would inherit in this picture.

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The mother we have a mother and you have a daughter she would inherit one sixth.

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No, but but but she doesn't have the same effect on someone who's inheriting as a designated chair but she is inheriting as though a lot harm. So you would imagine that each one of them took the place of the other one and then you would make the you will do the distribution on that basis. So you would have a daughter. You have a daughter, his daughter you consider her daughter you'd have a maternal aunt, you'd consider her mother you would have a paternal aunt you consider that to be her father. Well, let us

00:30:00--> 00:30:54

Yeah, but the idea here is certainly in this case, you could have, I wonder because the husband is getting one half, she's getting one half, she's already done. So anything after this would result in, I would know, that never happens, the husband is getting his one half, and everybody else is sharing the one half. So they cannot block the that husband or their wife, they can't block the wife partially or completely, and they can't also compete with what's her causing God or proportionate reduction, because in a usual scenario, like if you have a husband and a daughter and a mother,

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husband, daughter, Mother, what does the house not husband daughter, the daughter will bring the husband to one quarter, but in general in the head of the household, another say I have a husband,

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I have a mother,

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I have a daughter,

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I have a sister

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or I have a daughter, his daughter or daughters daughter.

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So, the daughter and the daughter his daughter will get two thirds and the mother and mother will get one sixth,

00:31:50--> 00:32:07

right? And the husbands will get one quarter right. So, one quarter and one six and two thirds is what more than one or one or less than one more than one What do I do in this case? I will a proportionate reduction, proportional reduction.

00:32:09--> 00:32:17

But if that is if they are the real ones, but if I have the real husband who has to be a real husband

00:32:20--> 00:32:46

and then I have I have that one or ham that is taking the place of the mother that would add harm that is taking the place of the daughter that will or ham that is taking their place not that they actually present they will not compete with the husband this way, they will not we will be giving them after we give the husband his share.

00:32:47--> 00:32:56

And if they are on hand the husbands would always have the one half because they will not have the power to block him. We will put them all together into their one half

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and there will be some cases where they will have our will in a minute give themselves there will have been some cases where they would have proportions reduction that will come to them shortly and sell.

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Okay. So is it clear that our ham cannot inherit in the presence of any other heirs except the spouses? They will inherit in the presence of the spouses without blocking their spouses and without competing with them causing proportionate reduction? Or are then the sheikh said Where is it where the throne a bit Tenzin photojojo colo insane in minimum women's era t Manhattan v.

00:33:44--> 00:34:03

they inherit by upward substitution meaning that each one of them will be put in place of the relative through whom he or she is connected to the deceased. Here are some examples for Allah do Veneto Allah do Bennati Livni, what? Women Zilla to Manhattan

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so the children of the daughters of the son of the sons daughters and of the sisters will take the place of their mothers

00:34:17--> 00:34:22

webinar today for men were born with a four minute olmeca him

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the daughters of the brothers hand of the paternal uncles and the sons of the maternal half brothers will take the place of their fathers.

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So, after this upward substitution, you you put everyone in the place of the person that is connected to him through the disease that would inherit from the disease. And then you look at this Miss Ella and you

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and after you make the distribution, you go back and you give

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so let us say that our

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

Have

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Let's finish with the examples that he gave.

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So he says here

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today for about a minute on the Kappa ame the daughters of the brothers and of the paternal uncles and the sons of the maternal perhaps brothers will take the place of their fathers when I met well wait a minute oh man up boy well, that I can own the paternal hands and the father's maternal half brothers will take the place of the father the maternal uncles, maternal arms and the maternal grandfather will take the place of the mother and I wish I did not take a race Yeah, I should have probably not erased

00:36:25--> 00:36:26

okay

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this is a sibling this is happening coming from the same

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okay. So,

00:37:20--> 00:37:24

this isn't the mother This is a sibling throw the mother

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and this is the daughter

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okay. So, let us let us say that I have a daughter

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and I have this is the maternal

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maternal, half sibling, their daughter, and I have a paternal aunt, hi, I have a maternal aunt

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and a maternal uncle.

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And I have

00:38:09--> 00:38:26

I have this is this is a sibling, right? This is a brother and he has the sister that to say this is a sister and she has two children, a boy and a girl, a boy and a girl.

00:38:28--> 00:38:41

Okay, so, let's say that I have those people here and this is just like a random assortment of people. So, how are these going to inherit?

00:38:43--> 00:38:56

These are the grand children of the deceased through his daughter, how are they going to inherit? Like their mother? Like their mother? So they

00:38:59--> 00:39:00

Oh, yeah, and the absence of course,

00:39:02--> 00:39:33

how is this? So so so they are going to inherit one half? How are they going to divide the one half among themselves? equally? Yeah, the fact is so that gender does not or sex it does not is inconsequential, here inconsequential in terms of dividing the between people at the same level who are connected to the system through a connection between because it's inconsequential.

00:39:34--> 00:39:36

It would be consequential.

00:39:38--> 00:39:52

If we are talking about what if we're talking about you know the difference between the father and the mother for instance, this would inherit this would inherit as a father right?

00:39:53--> 00:39:57

The maternal aunt who paternal aunt would inherit like a father

00:40:00--> 00:40:06

This maternal and paternal maternal aunt and uncle will inherit like a mother,

00:40:08--> 00:40:24

you will imagine, you will remove all of this and you will imagine them as, as what has if you have as if you have a father, her mother, he daughter?

00:40:26--> 00:40:27

And who is this?

00:40:28--> 00:40:35

This is the here. So, yes, this is his brother, this is a sister,

00:40:37--> 00:40:44

the brother and sister, are they getting anything because those people aren't gonna give him anything? No, because they have a father here. You have a father here.

00:40:46--> 00:40:48

No, you don't have a father you have like

00:40:49--> 00:40:50

a maternal,

00:40:52--> 00:41:02

maternal Ah, but after the upward substitution, you are having a father, you're having a mother, you're having a

00:41:04--> 00:41:20

you're having a father, you're having a mother, you're having a daughter, do these inherit in the presence of the father, mother, father, mother and daughter, they will not inherit

00:41:21--> 00:41:38

in the presence of the Father, mother and daughters, but after you give each one of those, their share, and you define their share among their hairs.

00:41:41--> 00:41:45

So, here, the division of the shares among the heirs will be

00:41:47--> 00:42:05

irrespective of their gender. So, these two have inherited the share of the mother the material and the maternal uncle have inherited the share of the mother, how do they inherited whatever the share of the mother is the divided among themselves half an hour

00:42:07--> 00:42:09

every respect irrespective of their sex.

00:42:15--> 00:42:17

So that she says here

00:42:25--> 00:42:30

then can I mean whom is danfoss either mindjet in high def as back home, you know, where is the haka home,

00:42:31--> 00:42:47

this is about multiple zodat ham from one direction, if there are two or more from the same direction, then the most deserving is the one closest to the air, who would have inherited has he or she been alive.

00:42:48--> 00:43:10

So, I have here this daughter, this daughter's daughter, and I have here the deceased also had a son the son died and the son had a daughter and the daughter had a daughter. So I had the daughter of the sons a daughter, and I have the daughter of the daughter.

00:43:12--> 00:43:25

The daughter of the daughter will inherit and the daughter of the sons daughter will be blocked because the daughter of the daughter daughter is of the same Do you have a reaction but

00:43:26--> 00:43:27

closer to the disease

00:43:28--> 00:43:31

for any sterile presented man by now,

00:43:32--> 00:43:47

man Adobe was the ultimate luckily we had a minimum limit. He was a waiter in Africa. What if he had to move out of Hannover Ebner vintage vintage vintage Accra, weapon web into vintage oakura

00:43:50--> 00:43:50

jobs

00:43:51--> 00:44:20

in the Lebanese service were invented students want to live wherever wherever they need what Binti a sort of bananas fine. Okay, if they are equally close, then divide the money among those through whom they are connected to the deceased and grant their shares to those related to the deceased through them. You're given equal shares to the males and females from the same direction. Therefore if He was survived by had daughters son

00:44:26--> 00:44:30

if He was survived by let's see here

00:44:32--> 00:44:40

if He was survived by our daughters, son, where's the daughter? This is the daughter okay. So our daughter's son,

00:44:43--> 00:44:49

a daughter of another daughter, her daughter of a another daughter

00:44:51--> 00:44:51

sir

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

I

00:45:02--> 00:45:03

no

00:45:04--> 00:45:06

longer have the disease, but other sounds

00:45:10--> 00:45:13

oh I saw the start confused me okay

00:45:17--> 00:45:20

okay. So, you have this daughter son here

00:45:26--> 00:45:43

okay. So, you have a daughter son, a daughter of another daughter, a daughter of another daughter. So, this is a daughter, okay this is another daughter and then this is the daughter, a daughter of another daughter, okay?

00:45:45--> 00:46:09

And a son and a daughter of a third daughter and a son and a daughter of a third daughter, another daughter here and you have a son and a daughter. So you have the the seeds to have three daughters, three daughters died, one left a son, one left daughter, and one left a son and a daughter, okay?

00:46:12--> 00:46:14

You will divide the estate.

00:46:18--> 00:46:38

He will, he says he will divide the state among the three daughters and then give their shares to their respective children, for the son of the first daughter is one third and for the daughter of the second daughter is one third, and for both the Son and the daughter of the third daughter is one third to be divided equally between them.

00:46:40--> 00:47:24

So basically the estate of the deceased and now you will, you will imagine that he had three daughters, every daughter will get one third. And then this one third would be divided. So the sun here we'll get the whole third because that is the only child of that daughter, this daughter here will get the whole third because she's the only child of this daughter, the Son and the daughter of this daughter will split the one third among themselves half and half, irrespective of sex. Because here we are giving inheritance through the womb. And if you're given inheritance through the womb, sex becomes irrelevant.

00:47:26--> 00:48:16

Okay, if he was survived by three paternal aunts of different strengths and three maternal ons, when Salafis Alaska met in Metairie card with Alaska credit card facility avena koratala Samson, Susannah benalla Mati Allah kmsauto salmon from sakasa if He was survived by three paternal lines have different strengths, and three maternal lines have different strengths, who then one third is divided over five shares among the three maternal lines, and two thirds are divided over five shares among the three paternal lines, then the problem can be solved without fractions, if we make the denominator 15. So, he has three paternal lines of different strengths means what? What do you mean?

00:48:16--> 00:48:49

So where's the disease here? This is his mother, okay. So, he has three matter and add ons here of different strengths. One, this is the father okay. Okay, we need that we need the father still we need the father because he has three three paternal aunts and 303 maternal aunts, okay. So, three are met and three phyla have different strengths, one is full,

00:48:50--> 00:49:04

one is paternal, one is maternal, one is full, one is paternal. One is maternal. That is what it means when he says my data card meaning of different strength.

00:49:05--> 00:49:07

So he says divide.

00:49:09--> 00:49:23

Then one third is divided over five shares are among the three maternal ons, and two thirds are divided over five shares among the three paternal hands.

00:49:24--> 00:49:25

Okay.

00:49:26--> 00:49:40

So, the three maternal aunts and the three paternal lines, how do they inherit all three maternal all three paternal aunts would inherit like a father, right?

00:49:41--> 00:49:44

All three maternal aunts would inherit like a mother right?

00:49:46--> 00:49:50

First Think of it this way. You have a father and a mother.

00:49:51--> 00:49:51

Hmm.

00:49:55--> 00:49:56

What

00:50:03--> 00:50:14

No, no, just think of it like you have a father and a mother. If you have a father and a mother, if the disease was survived by a father and the mother, what do you give to the mother?

00:50:15--> 00:50:16

One third?

00:50:17--> 00:50:19

What do you give to the Father?

00:50:20--> 00:50:20

Know,

00:50:22--> 00:50:22

the rest,

00:50:24--> 00:50:41

which is two thirds, but you should not say two thirds. Because always use you say two thirds if he is here have designated chair. If he's a raspberry, err, you always say the rest, which is two thirds, but you don't say two thirds because he doesn't get two thirds.

00:50:44--> 00:51:07

So the mother would get one third, and the father would get the rest, which is two thirds. So the mother gets the one third and the father gets the rest, which is the two thirds. Now this mother, how do they inherit? They are her sisters. Let us make them inherit from their sister. How do they inherit? What is the full sister gets?

00:51:09--> 00:51:16

Guys, what does the full sister get? Half? What does the paternal sister get?

00:51:18--> 00:51:22

What does the paternal sister get in the presence of a full sister?

00:51:23--> 00:52:05

one sixth? Has we had two full sisters? What would the paternal sister get? Nothing. But she gets the one six to Camilla to Thursday and she gets the one she gets whatever is left of the two thirds after the full sister gets hair one half. Just like which example the daughter and the daughter his daughter? What does one daughter get? You guys remember this designated chairs today? You have to remember this? What does one daughter get? One half? What do two daughters get? Two thirds. But if you have one daughter and a daughter's a daughter, what does the daughter's daughter get?

00:52:07--> 00:52:14

Sorry, yes, you have a daughter, you have one. You have one daughter and a son daughter. What is the son's daughter get?

00:52:15--> 00:53:00

one sixth, that is whatever is left of the two thirds, right. She doesn't compete with her aren't. But she gets the rest of that is meant for that genre of daughters. Two thirds are meant for the genre of daughters. But since I don't have two daughters, I will give the sons a daughter. The rest without competing with her on her own to get her full half. The same applies to fold sisters with paternal says half sisters. The full sisters would get one half the paternal half sisters would get whatever is left of the two thirds, which is one sixth. So this paternal sister will get one sixth. What does the maternal sister get?

00:53:02--> 00:53:15

One sec. Yeah, because this is a still calella You know, this is the kallada when do maternal siblings get part of the inheritance get their share.

00:53:17--> 00:53:18

When you don't have

00:53:20--> 00:53:22

further awareness or Aslam

00:53:23--> 00:54:04

for awareness or ask them attacker, you don't have inherited offspring, and you don't have male ancestors. No inheriting offspring, no male ancestors. In this case, you will give the maternal half set one six, the same applies here, one half 1616. Now what is one half one six and one six, what is you know, so one half would be three over six. One half will be three over six. So three over 61616. You have what? Five, six? What do you do in this case,

00:54:05--> 00:54:06

Rod,

00:54:07--> 00:54:35

Rod, which is redistribution because you have more estate than shares. How you will be in the case of more shares than a state robbed. You have more more statement shares, in this case in this case, and instead of each one of them getting one over six, one over six, three over six, you will just take that five and make it the denominator

00:54:37--> 00:54:45

simply and then this will get one fifth, this will get one fifth and this will get three fifths

00:54:46--> 00:54:46

right.

00:54:48--> 00:54:59

And that is one right. The same will apply here. This will give three fifths one fifth one fifth

00:55:00--> 00:55:00

Okay,

00:55:02--> 00:55:04

then in this case,

00:55:06--> 00:55:14

all of this distribution, we are talking about two thirds for the Father, and one third for the mother. Right.

00:55:15--> 00:55:21

So, in order for you to have one denominator, multiply

00:55:22--> 00:55:23

the five.

00:55:25--> 00:55:29

So two thirds multiply becomes 15.

00:55:30--> 00:55:47

Multiply the one by two, because this is two thirds, two over 15 plus to over 15. Plus, when second, three times two is six, over 15.

00:55:50--> 00:55:57

The others will get wet, it's one third, one third. So, wait a second

00:55:58--> 00:56:06

15. One times three is 315. One times one is one.

00:56:07--> 00:56:11

Three times five is 15. And

00:56:12--> 00:56:53

one, so the denominator is 15. Two plus two is four, plus six is 10. plus three is 13. plus one is 14, plus one is 15. That's it. That's what everybody gets. But the thing is, that you need to remember as the upward substitution you're getting everybody to where you know to take the place of the bona fide air that is connected them to the to the deceased, and then you make the division.

00:56:55--> 00:57:05

Fair enough telephone jihad, though in our ham in a zettabyte Hotel, Huckabee, Where is he from? Santa Ana Meza Karna What do you have to tell us?

00:57:06--> 00:57:07

Well,

00:57:08--> 00:57:34

whoa, whoa, whoa, multiple our hand from different directions. The directions are very different, you're making the more distant relative take the place of the one from whom he or she inherits. And then you divide the state. As we mentioned, there are three directions filiation beneva, maternity, and paternity

00:57:35--> 00:57:39

ababwa and maternity overwork. So

00:57:41--> 00:57:42

basically,

00:57:43--> 00:57:52

if you have people in different direction, no matter how far down no matter so this is the daughter

00:57:55--> 00:58:04

so this daughter has this great great great great great period granddaughter is like six generations down from the disease

00:58:06--> 00:58:19

you will she will jump in the absence of people abstracting her way from the same direction she is jumping to take the place of the daughter

00:58:21--> 00:58:23

she is jumping to take the place of the daughter

00:58:25--> 00:58:30

regardless of the number of generations that she is removed from the disease

00:58:32--> 00:58:44

and we said this before when we talked about the loss of Bob because the agenda comes first the jihad is more important that direction is more important than proximity or then of course

00:58:46--> 00:58:47

is that clear?

00:58:52--> 00:58:54

Yeah, anyway

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

like if you're having trouble

00:59:01--> 00:59:05

then you can be a medic yourself for the day and

00:59:07--> 00:59:25

keep in mind that the latter medic is and shafa is they do this also and the laws in Muslim countries are all partial to this distribution not to the hold positions of any mathematical image of the laws and Muslim countries take this

00:59:27--> 00:59:46

you know and and it is it is kinda it's, you know, instead of going to beta man, it goes to the relatives if the if the deceased has been survived by maternal aunt, for instance and a daughter's daughter. The really more deserving given baited map.

00:59:49--> 00:59:49

Recording, seven.

00:59:52--> 00:59:56

Take the questions and just give five minutes for people to leave and then we'll take the questions