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Fiqh of Inheritance #12

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Hatem al-Haj

Channel: Hatem al-Haj

Series:

Episode Notes

Fiqh of Inheritance – Number of Shares, Redistribution, Eliminating Fractions, etc.

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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Salam Alaikum shala we'll be starting the second session

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not hunger loss loss.

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So, inshallah we will start this session

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and as I said today, we have four different chapters The first one is bubblesort of the Messiah,

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which means the number of shares by which different you know problems of inheritance will be divided the origin of the terminators and the second one will be about redistribution or rod and the third one is about massage which is about removing fractions. And the last one is Bevin, when I say hot, which is reconstruction of problems when one of the heirs dies before the distribution of the inheritance. So, the first one is well suited massage and bubble sort of massage

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means the chapter on the number of shares, number of shares.

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So, what are assorted massage, there are certain muscles that are agreed upon also means the the ones that basically then the denominators that you would use the number of shares by which all the muscle of inheritance or all of the problems of inheritance will be divided, certainly, particular Messiah and may have also in the 1000s of denominators in the 1000s because it depends on like, if you have one category of people for instance, like

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you know, I will add an arm who would inherit by tasi, who would inherit by

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would inherit by Toshiba as residuary heirs. So, the cousins who would inherit by residuary years, let us say, that are added on happened to be 167 people. So, eventually we'll need to make sure that each one of them gets what I share, that is not a fraction. So, because when we come to distribute the inheritance, every heir, what needs to get a share, that is not a fraction, and that's why you know, this becomes an issue of arithmetics because all of our Nederlands were who are of the same

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same proximity to the deceased they will all inherit as a reservoir to yours, you know, if it gets to them, you know, there is no harm and there you know, and there is no father and there is no grandfather and so on. So, if if it reaches them, and they happen to be 167, we will need to give each one of them their sheer without fractions.

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So, pseudonymous acts as the original denominators are the total number of series in all problems of inheritance are seven. And these are the agreed on the the ones that are controversial are the ones where the grandfather inherits what were the the siblings inherit along with the grandfather, according to the methods that will give the siblings inheritance along with the grandfather, we will have two other denominators, which are 18 and 36. So let's get those out of the way 18 and 36 are

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our current controversial because the HANA fees and the Han bellies in one report will not give the siblings any inheritance along with the grandfather. So they will not use those denominators. But if you do then you will use those dominators but the denominators that are agreed upon are seven denominators. So let us put them down here. So you have two you have three you have four, you have six, you have eight,

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and then you have 12 and then you have 24. What is this?

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1234567 Okay, and he will,

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he will tell you about an hour now, but he will tell you

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what is out how

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proportionate reduction of the shares, because you have more, you have more deserving heirs then you have shares, you have more deserving heirs then you have shares. So, we will do proportionate reduction so that we can squeeze them in all of them, we can squeeze them in just the fairly

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okay. So, he will, the safe will say that the ones that will be subject to our or proportionate reduction are this, which goes up all the way to turn and this which goes up all the way to 17. And this which goes up all the way to 27. So, 612 24

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will be subject to our proportionate reduction to three, four and eight are not subject to proportionate reduction or out. So, let's take some examples. So that is not to dry sex. Well as I've often This woman has named with suicidal sentiments that is the who, Oh man, this woman was someone who Oh man, this woman, so many. So the original denominators, a number of shares in whole problems of inheritance are seven, when there is one half the estate will be divided into two shares. And that's the simplest, and that's the easiest and if if everything is like that, the no problem whatsoever for anyone who

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you know has to solve those problems. So, like, when is it that you have only one half?

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So, let us say how a woman was survived by her husband, no one knows any of her family, she doesn't have a family, she just got married to somebody and she was survived by that person, what does he get? One half Are we done or not? Yes. So, but sometimes you have one half one half. So, a woman was survived by one husband and

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who else gets one half

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a sister?

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No, the father will not get one half.

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But you could have said a daughter, but you would have ruined that because the husband then would not get the one half. So you will have to say a sister so that you don't sort of

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do have a partial blockage of the husband because the sister will not do a partial blockage of the husband. So if you want to have two halves, that's a husband and a sister. So, if you know if if a woman was survived by a husband and a sister, how much does the husband get? One half, why does the husband to get one half? Because there is no children no child, if there is no child the you know and that is far away, it is inheriting offspring, inheriting the offspring, if there is no inheriting offspring, then the husband would get one half. So

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so that is cool. So in this case, the husband gets one half, what does the sister get?

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Four in the case of kelela, where a man is

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not survived by any what any father is inheriting offspring, or Alaskan was aka the male ancestors, inheriting offspring and male ancestors. In the case of gala Allah, the absence of inheritance, offspring and male ancestors, what does the sister get?

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She gets the other half. And when we say male ancestors, there is this controversy about the grandfather and what they will get with the grandfather but for simplicity, the same in ancestors. So in the absence of male ancestors, the sister would get one half in this case, how many shares Do you need

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two shares only? Because Because you have one half and one half or you have only one half like in the case of the woman who was survived only by a husband.

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Okay.

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Then

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the sheikh said, when there is one half this estate will be divided into shares when there is one third or two thirds the states will be divided into three shares. Obviously, whenever you have one third, the state will have to be divided by

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three shares. When is it that you have

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thirds third's only

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two daughters and

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Two daughters and a father the two daughters would get two thirds What does the father get?

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One six then the rest

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okay well the there are many many examples

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Why don't you say to two sisters and a mother because two daughters and a mother the two daughters will reduce the mother from one third to one sixth

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and then we will get one sixth and then we will complicate the problem with if you say two sisters and a mother

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that will work yeah. So

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so if you had that that would be all thirds and so the estate will be divided into three shares and the two sisters will get two shares each one would get one and the mother would get one

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Okay, so what if

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he then the next one when there is one quarter alone or with one half the estate will be divided into four shares when there is one quarter alone or with one half the estate will be divided into four shares because the one half is under the one quarter because four is a multiplication of two so you don't have to worry about the one half when you have one quarter then and you don't have anything

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else when you have only shares that are in the quarters and no thirds no six no other no eights. So in this case, what what do you have one quarter

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and and one half or no one half then in this case the state will be divided by four so where do get a scenario like this where the state is divided by four

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okay.

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charge to get a court order for

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you know she has

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a sister

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Okay, so So, okay.

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Let's Okay, so a man has survived with a by a wife and a daughter. What does the wife get?

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Because there is a Why don't you say a sister instead of a daughter every time you have you run into this to say a sister the sister will not block she the sisters lay are like the doctors but they don't have blood. The they don't have like the spouses and they don't have like the parents, unlike the doctors. So you could always say a man will be survived by a wife. And

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what one sister, two sisters, you have complicated two sisters to get. Get two thirds, right? one sister, so a wife and sister and this case it will be divided by four even though there will be robbed or redistribution, but it will be divided by four. What does the wife get one quarter. What does the sister get? One half, right?

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We still have one quarter unclaimed.

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If you don't have residuary air. Like let's say that you have a cousin he will get the rest which is one quarter. But if you don't have a residuary err, the system would get it. So the system will get three quarters and the wife will get one quarter.

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Okay.

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And then the say except

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when there is one eighth alone or with one half the estate will be divided into eight

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eight shares

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He jumped. He did not mention six here. He talked about two and three and he jumped to eight. Why did he jump to eight because he wants to tell you that 234 and eight are a category by themselves, because when you have a messala that has one of those numbers as the denominator, the number of shares, those must never undergo proportionate reduction. They don't undergo proportionate reduction, they will be ideally not either, which means that the number of shares corresponds to the

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or the, the number of shares in the estate corresponds to the deserving heirs or the entitlements of the heirs. So, you have when there is one eight alone or with one half the estate will be divided into eight.

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Okay.

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Our piano, like if there is one eighth and one quarter also, hate stem is the the denominator the highest denominator, the problem for the eight comes when you have three or six, like you have the you know, one of the two denominators three or six, whenever you have a denominator with the eight, you have one eight,

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whenever you have another denominator was eight, that is not

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what is it? Like? What is the relationship between two and four and eight?

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No, eight is a multiple of two and four, what what do you say about two and four in relationship to eight?

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Okay.

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Okay, so whenever you have a number, that eight would be divisible by the smaller number eight will be divisible by

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factor,

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a factor of eight is not like the word for it, thank you very much. So whenever you have a factor of eight, then eight will be the number of series. But if you have any other number, that is not a factor of eight, and I'm trusting you, I'm just gonna like keep on.

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Go all over the world now and keep on saying this, okay? Whenever you have another number that is not a factor of eight,

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then go to 24 immediately. Just don't wait. Whenever you have a factor, whenever you have another number, like you have a wife, for instance, and a mother, what does a mother get?

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one third, because you have only a wife and a mother, mother will get one third. So whenever you have a number that is not a factor of eight, which is like a good word Sharon gave us now

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you will go to 24 right away, but if you have a number, that's a factor of eight, what are the numbers that are factors of eight, two and four, okay. So, in this case, what would be the number of shares eight, if you have two or four still eight, but if you have three or six In addition, like one third or one six, in addition to the eight, then you go directly to 24 when it comes to four, when it comes to four, and you have like when you whenever you see four, whenever you see four, and you see any other number that is not a factor four, which would be only two, whenever you see any other number that is not a factor of four, which will be only two, but that is not a you know

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whenever you see a an any other number, you go to 24

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No, eight and four, you will go to eight, but but

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but whenever you see a

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then we need another word for this. So whenever you have four and the other number is not two or eight, or you have multiplicity of other numbers, then you will go to 12

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all this stuff is just like you know these are asthmatic issues. It's not it's not particularly effective issues, but they are pertinent so that's why the SEC mentions them. So when there is one at the loaner with one half the estate will be divided into eight shares concerning these four, there is never a hold. concerning these four. There is never out what is I will proportionate reduction. Do you remember

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Like the simplest example on how to which is proportionate reduction is a husband and two sisters. What does the husband to get?

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One half? What do the two sisters get?

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Two thirds, one half and two thirds

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is more than one. Therefore, we have to have proportionate reduction. So, when we say the husband gets one half the sisters, we get two thirds,

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three and two, what is the common denominator that is divisible by both three and two, six, thank you, are you an accountant or something.

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So, this, so two thirds will be four over six, one half will be

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three over six. So we got now seven,

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over six. So that is more than

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simply an out

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take that number or to take that number the seven, don't, don't wipe it here, take that number and make it the denominator seven or seven and go back to the same shears that they would have. So instead of the husband giving three out of six chairs, he will get three out of seven shares. Instead of the two sisters getting four out of six chairs, they will get four out of seven chairs. That is the chapter of our that's it.

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So when you have more deserving heirs then you have shares you will do.

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Okay, so, yeah, so So if the Okay, so the

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Okay, basically the six that the denominator, which is the six,

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you take the seven and you make it the denominator, you take the number of shares that you need, and you make that denominator

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but you don't do anything to the

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to the original shares of the deserving errs, they will remain the same, but instead of the husband to getting three out of six chairs, he would get three out of seven chairs. And instead of the two sisters given four out of six shares, they will get four out of seven chairs.

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It's very simple. It is very simple. Okay.

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So the she was saying that this one too

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you know,

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wait a second

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three

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there is there okay.

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Yeah, three and five.

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These, so let's put them in boxes, because they don't go through our put this in a box

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put this in a box everything that is in a box

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will never need to go through

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when you have the original denominator one of those numbers that case will never need to be to go through proportionate reduction and it will be you know idealer or it will go through

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so, there is a possibility of fraud in this case redistribution.

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There is a possibility of rather than this case redistribution Didn't we just say that that like like was one quarter for instance you could have

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let us say a husband

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and

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one daughter

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What does the husband get? One quarter what the

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the husband and a daughter What does the husband get? One quarter What does the daughter get? One half

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in this case you will have rather now three distribution or not who gets the remaining quarter? The daughter because the spouses don't are not involved in robbed or redistribution. Okay.

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According to the vast majority of those men are the loneliest. According to the foreigners that have been just don't confuse yourself. spouses are not involved in

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Okay, so then he said, Well, if I can I'm on this facade of outsourcing our service for him.

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Sit What are all Illa Allah if there is with one half if along with the one half there is also one third two thirds or one sixth then the denominator will be six it may be subject out which increases the denominator to 10. So, if along with the one half there is also one third, two thirds or one sixth then the denominator will be six it will be subject to our which increases the denominator to 10. So, six can be subject out Can you give me an example Do you remember the mother of the chicks or milk for

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the mother of the chicks on what for Oh that is the case where six can be can go up to 10 that is the case of what a husband

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a mother

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and then

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a number of maternal siblings

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a sister

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and

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more than one sister or a sister and

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paternal sisters

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Okay, so, what do you give the husband in this case my husband mother, maternal siblings sister

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and like sister here meaningful sister

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and paternal sisters what do you what do you want to give the husband?

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Half? You're sure you guys are right, they're wrong. They said one quarter

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okay. Not all of them okay.

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So, the husband to get one half

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and mother would get what?

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what why one third? Why one third, if you have multiplicity of siblings, what does the What does the mother get? When does the mother get the one third? If you have no children or multiplicity of siblings, you know

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for in Canada or for the army as service. So if he has a multiplicity of siblings, then his mother will take one sixth. So maternal siblings, what do the maternal siblings get? who inherits in the presence of the connection between him and the disease?

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According to all the Meza have, maternal siblings, they will inherit in the presence of their mother. So the and according to the honeyberries them the sort of the,

00:28:08--> 00:28:14

the grandmother would inherit with the Father, right. So maternal siblings

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will inherit what

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sibs with the SE here will inherit what

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maternal siblings, what will, what would one inherit?

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No one third. So one maternal sibling or the will inherit when Canada's own euro Kalamata number, our own our own overfill ecola Minnesota's, in Canada accident in zelicah, from Zurich office service, and it is a man or a woman who is Allah, Allah does not have inheriting offspring or male ancestors. And he has metre maternal, you know, we were adding this maternal siblings or he has like a maternal brother or a maternal sister, each one of them would get one sixth. And if they are, if there's a multiplicity of them, they will get one third. So one third for maternal siblings. And then what does the sister gets by the way?

00:29:21--> 00:29:22

The full sister

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is this is this a canal or not? We are talking about the kallada here, does this keep in mind

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remember that this disease is callala he does not have inheriting offspring. He does not have

00:29:41--> 00:29:52

male ancestors, male ancestors and have the disease this callala Then what do the sisters get in this case? What would the full sister get?

00:29:53--> 00:29:54

She gets half

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Yes.

00:29:59--> 00:29:59

Yes, yes. Oh,

00:30:03--> 00:30:04

If you come to Canada and

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they ask you so say Allah subhanaw taala will, will will answer you concerning the kallada. If a man dies,

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if, if a man who's Galella no inheriting offspring, and no male ancestors dies, and he survived by sisters, he will get one half of it for me. And then he will inherit her if she does not have children. So the sister will get one half. What do the paternal sisters get in this case?

00:30:39--> 00:30:40

Nothing wrong.

00:30:43--> 00:30:44

What did we say before?

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Didn't we say that the paternal sisters in the presence of the full sister will be treated like the granddaughters in the presence of the daughter, they will get the remaining of the two thirds or the remainder of the two thirds. Because sisters as a category are entitled to two thirds, the full sister will take care of one half and whatever is left of the two thirds will go to the paternal sisters. The paternal sisters will take one sixth.

00:31:22--> 00:31:35

one sixth. Now, this case here has what has one half, one sixth one third one half, one, six. So it seems about six.

00:31:36--> 00:32:24

Everything else is a factor of six. Right? You know, you know six is divisible by by all the other numbers. So okay, good. So what is the one half then? Three, six? What is the 1616? What is the one third? to six? What is the one half? Three, six? What is the 1616? Okay, so what is three plus 144 plus 266 plus 399 plus 110. This is how a denominator of six goes up to a denominator of 10. In this case, in this case,

00:32:25--> 00:32:57

this husband who should have gotten three out of six shares will get three out of 10 shares. That is that's very significant reduction, right? From from one half to three tenths. And this mother will get what? One 10th two tenths 310. One 10th. So that is very, it's called mother of the tricks almost ruined because of the hardwood. In this case, the proportionate reduction is pretty significant.

00:32:58--> 00:32:59

Okay.

00:33:04--> 00:33:19

Keep in mind here that we're talking about original denominators or pseudonymous said original denominators why we are saying original denominators because eventually this massala may not be divisible by 10.

00:33:21--> 00:33:22

What right or wrong?

00:33:23--> 00:33:26

Okay, when is it not divisible by 10?

00:33:28--> 00:33:41

What can we do here, multiplicity of husbands doesn't work multiplicity of mothers doesn't work multiplicity of maternal siblings, all of them are contained within the one third, but

00:33:42--> 00:33:46

multiplicity of maternal siblings well causes some issue

00:33:48--> 00:33:54

multiplicity of when we will not make multiplicity of four sisters here because it will ruin the whole thing.

00:33:55--> 00:34:45

It's not going to ruin the whole thing, they will get the two thirds and the paternal sisters will not get anything. So, it will still be out of 10, but they will not be paternal sisters. But here, if you have multiplicity of maternal siblings, or multiplicity of paternal sisters, what do you need to do like you're given them one 10th. But if you have multiplicity of them, if you have 17 paternal sisters 17 paternal sisters, what are we going to do in this case, you would actually multiply the original denominator by 17. So it gets you know, then you will divide the inheritance than the not the original in this case, the original is 10. But the final denominator in this particular massada

00:34:45--> 00:34:48

will be worth 170. And

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in this case, everything will be multiplied by 17. So we said that the husband will get three out of 10 that

00:35:00--> 00:35:37

This will get one out of turn two out of 10, three out of 10, and one out of 10. But these people who are getting one out of 10 happened to be 70, and people. So we multiply the 10 by 170. So that so that they get 1010 out of what 170. So each one of them gets one out of 170 shares. And if you multiply the denominator here, you multiply the denominator throughout, and then you will have to multiply this number as well.

00:35:39--> 00:35:53

So, we'll be three times 1751. And then one time 1717, two times 17 is 34. Three times 17 is 51.

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And then this is 17. So

00:36:20--> 00:36:21

we have to take the whole thing.

00:36:22--> 00:37:16

Yes, because at the end of the day, every one of those will come to the time of distribution. And then the fattier will pass this on to the distributor, when the when the when the judge goes to the distributor, and tells him that he will have to give him numbers without fractions, because he will not give to the distributor, the executer now the executer the puppy will not go to him and give him like a lot of fractions to confuse him and then every is he will make mistakes and everything. So he will have to tell him exactly, that each one of those 17 each one of those, those 17 is not like their friends always and there's gonna be no those 17 maybe it's just like adversaries, they're all

00:37:16--> 00:37:44

brothers and sibling, but each one of them is coming to the courtroom, there's they are their own individual. So I have to give each one of those individuals their share without fractions, they get this much of the estate of the general estate. So I want you to divide the general estate into this many shares. And each one of the heirs will have to get a

00:37:46--> 00:37:50

what's a phone number, okay, without fat okay.

00:37:51--> 00:38:25

So, let us then okay. So, can we complicate this a little bit more? Yes, we can complicate it more, let us say that I have here the maternal siblings, who will take the one third, which is one third will be 34 shares. Hero, right 34 shares, let's say I have five maternal siblings, can you divide 34 by five? Now, then what do you do? multiply everything by five

00:38:27--> 00:38:33

you know, so that eventually and you keep on doing this, but you at the end of the day,

00:38:35--> 00:38:36

you know,

00:38:37--> 00:38:38

your basically

00:38:40--> 00:38:51

your work here is finally to get to the lowest denominator that is divisible by the number of inherent like deserving.

00:38:52--> 00:38:54

inherited, inheritors.

00:38:56--> 00:39:29

Okay, are the shares of the. So that's it. So six second go up all the way to 10. So you see what the concept of our the concept of proportionate reduction, it's a very simple concept. You just just take the number of shares, and they give up. They're not the nominator without changing the individual number of shares for each one of them. But the denominator became larger. So each one got a little bit less than what they were originally entitled but proportionately reduced so that we're fair to everyone.

00:39:31--> 00:39:41

Then the sheikh said in kanima, or Robo Ahad has he set up for him in Estonia Sir, what are all the illa sebata sir, okay, when can Mr. Robot

00:39:43--> 00:40:00

have enough miasha what are all the illa sebata if along with the one quarter there is any of these three, one third, two thirds or one sixth, then the total number of shares will be 12. It may be subject to our increasing the denominator.

00:40:00--> 00:40:02

Up to 17.

00:40:04--> 00:40:33

And we just don't need to repeat that. Like we have gone through like a case of our the year, we have seen how. Okay, so 12 can go up 17 when kanima Thurman so this is sort of sad for him in our bath. And we're actually what our old Ella Sabatino actually, if a long goes one eight, there is one sixth or two thirds, then the denominator will be 24. And it may be subject to our up to 27. So

00:40:36--> 00:41:19

so 812 and 14 812 and 14, we said eight is never subject to our will just like foreign three and to six is subject to our goes all the way up to 1012 is subject to how it goes all the way up to 1724, subject to how it goes all the way up to 27. And many of these things are, you know, common sense for people who are good at math, because when you see four and three, you know that the common denominator has to be 12. When you see four and six, you know that the common denominator has to be 12. Because both of them are factors of 1212 is divisible by four and 12 is divisible by six.

00:41:21--> 00:41:37

When you see four and two, you know that the common denominator is four, because two is a factor of four, when you see eight, four, and to, you know the common denominator of Ba, because both four and two are factors of eight.

00:41:39--> 00:41:43

When you see eight, with any threes

00:41:45--> 00:41:46

or six,

00:41:47--> 00:42:34

then you know that the common denominator has to be 24. Because you know that is the smallest denominator that will be divisible by eight and three, that will be divisible by eight and three and will also be divisible by six. Okay, so So that's it. That's that's the chapter of webisode of massage the chapter on the number of Sears or the original denominators. How many original denominators that we have in the inheritance? Seven, what are they 23468 1224 which ones never goes through proportionate reduction to four?

00:42:35--> 00:43:05

No 2348 which ones will go through proportionate reduction, six will go up to 1012 will go up to 1724 will go up to 27. That's it. These are the agreed upon original denominators of the method of inheritance. Do we have other the original denominators? We have 18 and 36 for the people who will give the siblings something with grand

00:43:07--> 00:43:07

father.

00:43:09--> 00:43:17

Yes. Do you remember Mufasa died? We've gone through this Yeah. So you remember the denominator of 18.

00:43:18--> 00:43:19

Okay.

00:43:20--> 00:43:26

The next chapter is like a very nice and interesting and simple chapter.

00:43:30--> 00:44:18

The next chapter is called the bambara the chapter on the redistribution in urban Kodama, Allah said, welcome to stereotypical prudent man What am Equinox above at birth the euro dollar pottery for rhodium Eleazar Jain. The designated chairs do not exhaust the entire estate and there are no reason this is beberapa redistribution. If the designated chairs do not exhausted the entire estate and there are no residuary heirs, the remainder is redistributed among them except for the spouses in proportion to their designated chairs. The idea of Route redistribution that we have spoken about several times before the spouses will not get any redistribution, but the rest of the heirs will get

00:44:19--> 00:44:25

the redistribution that she accepts instead of at Florida home across the sea hammer home.

00:44:26--> 00:44:49

Muslim has led him thermadata this yummy Muslim has led him in kosala Baba him director of the CME and they have different designated shares. You take their shares from the original division of their problem and make the number of shares by which the estate is divided equal to the number of their shares equal to the number of their chairs.

00:44:50--> 00:44:54

So you have a mother and a daughter, mother and

00:44:56--> 00:44:57

daughter

00:45:00--> 00:45:01

What does the mother get?

00:45:04--> 00:45:05

What does the daughter get?

00:45:07--> 00:45:31

That's it you don't have anyone else. You know residuary is no is about what are you going to do? Are both deserving to redistribution or one of them is not. Both are deserving. They are not spouses, okay. So in this case, what is a one half is three, six, right? What is 1616? Okay.

00:45:32--> 00:46:15

The eight is the exact REVERSE OF OUR, the exact reverse of reverse of how I said to you when I would when you have seven shares, when you have the original denominator out of six, and you have seven shares, you will basically take the seven and make it the denominator. Here you have four shares, and you have the original denominator is one six, the number of shares that you have in this masala is six, but the deserving heirs would get only four. So, in order for me to read this trivia, it simply is very, very simple and quick trick, simply make the denominator for

00:46:16--> 00:46:52

for the daughter will get three quarters, the mother will get one quarter, does the mother ever get one quarter? No, but this is a case of redistribution. Does the father ever gets three quarters know that this is a case of redistribution? And here simply you did the reverse of our proportionate reduction because you have more shares than you have hairs. So, you redistribute the shares that are unclaimed by heirs among the heirs the other ears, except the spouses Yes.

00:47:01--> 00:47:15

We will have to look for example at ham in this case, and if there is no that we are ham other came then it goes to beta man, according to the Hanafi embellies and it will go to beta mad directly according to the mannequins and Sharpies.

00:47:18--> 00:47:23

marotti takes precedence over they will not have if that is the question. Yes.

00:47:25--> 00:47:41

So then the sixth said, if this results in fractions, you multiply that number by their shares. If this results in fractions, you multiply that number by their shares. So let's say

00:47:42--> 00:47:44

let's say you have

00:47:46--> 00:47:51

a mother and three daughters for instance, what do the three daughters get?

00:47:53--> 00:47:56

Two thirds. What does the mother get?

00:47:57--> 00:48:37

one sixth. So what is two thirds? four six, and what is one sixth? One sec. Okay. So in this case, how many claim shares Do we have five one and four. So we will make five the denominator. So instead of the three sisters get in for sixth, they will get four fifths and instead of the mother getting one sixth, she will get one fifth. But if you have three daughters and you have four shares and then what do you do?

00:48:38--> 00:49:32

multiply by three. So we will multiply both numbers by three. So it will be 1215 shares and it will be three of 15 shares that is what the mother will get. And the three daughters will get 12 out of 15 chairs 12 is divisible by three Yes, each daughter will get four out of 15 chairs. So when the fapy you know since this case the executer for for distribution. Then he will tell him you know this particular every girl that gets what not that the girls will get you know the daughters would get this know each one is individual entity by themselves. So he will tell him give

00:49:33--> 00:49:52

falana for and for Lana everyone by their name, you know for 15 shares you will have to divide the estate by 15 you will give for Lana for for Lana for for Lana for and you'll get falana which is the mother three

00:49:53--> 00:49:59

because the this the executor is not a puppy, you just have to give him simple numbers.

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

To go by to do his math and

00:50:16--> 00:50:28

know that he will not get given 140 is the is the all in one type 40 are sitting in a masthead poor man's doing mid America counseling and dividing and like

00:50:29--> 00:50:34

but, but the fapy usually or the judge usually will

00:50:35--> 00:50:35

sort of

00:50:37--> 00:50:52

tell the distributor or the executer that you will shares. And then the distributor executer has to worry about, you know, he left behind like this shop and this much money and jewelry, and

00:50:53--> 00:50:57

whatever it is, like also the intellectual rights,

00:50:58--> 00:51:05

everything that will have to be included, and then he will have to figure out how to do the execution of

00:51:07--> 00:51:08

then

00:51:09--> 00:51:14

the chief said, we're in Canada, in our title, who sama who

00:51:16--> 00:51:44

My last name is Allah to present about the masala trms Allah tala Rod cousino illa de la Optimus Allah Torah, the famous Allah is owed sama to Sahaba, vedika LMS. And of course, if there is a spouse you give his or her stairs first, and then you divide the rest of the estate among those heirs who are eligible for redistribution, if there are fractions, you do the corrections for both the new problem of the redistribution,

00:51:48--> 00:52:00

the new problem of the redistribution eligible heirs, their redistribution, elbows, the heirs and the original one involving the husband. So let us say

00:52:04--> 00:52:05

we have a wife.

00:52:08--> 00:52:09

You have a mother.

00:52:13--> 00:52:15

And let's say we have three maternal siblings.

00:52:18--> 00:52:23

We have a wife, we have a mother, we have three maternal siblings. What does the wife get?

00:52:26--> 00:52:28

One quarter Why?

00:52:29--> 00:52:34

No children? Yeah, no, inheriting offspring. What does the mother get?

00:52:37--> 00:52:42

You have multiplicity of siblings, what does the mother get? One sex?

00:52:43--> 00:52:45

What do the siblings get?

00:52:47--> 00:52:48

one third.

00:52:50--> 00:52:54

We have multiplicity of siblings, the maternal siblings, they get one third

00:52:58--> 00:53:05

of his photos. Okay. So you will have three and you have six and you have four.

00:53:15--> 00:53:18

So if you have 12,

00:53:19--> 00:53:24

what is this 412? What is this? 212? What is this?

00:53:26--> 00:53:42

Three? What is three plus two? plus four? Nine? is this? You know, what do we need to go through how the proportionate reduction or rather the redistribution,

00:53:43--> 00:53:51

redistribution because you have some unclaimed shares here, but the husband is not with us.

00:53:54--> 00:53:59

The wife I'm sorry? Yeah. The, the husband is the

00:54:02--> 00:54:08

but the wife is not with us in the redistribution. So what are we going to do here?

00:54:09--> 00:54:28

Actually, you could forget about this for now. And then you're giving the you're given this one six and one third. So one third will be to six and one six will be one sixth. Okay. So what what are you going to do here?

00:54:30--> 00:54:35

that denominator, the denominator will be three.

00:54:56--> 00:54:59

Yes. So the one quarter, you forgotten the one quarter and

00:55:00--> 00:55:12

Now, the rest of them will have to be divided. So let's say you know lists keep the 12 and then for simplicity it's here 12

00:55:16--> 00:55:20

and one is this four okay. So, yes.

00:55:22--> 00:55:26

So, in this case, this 12 would remain

00:55:27--> 00:55:30

that that wealth and that wealth here

00:55:32--> 00:55:33

will be reduced

00:55:35--> 00:55:45

right. So, be what two plus four is six. So, you will take the number of shares that are claimed and make them the denominator

00:56:00--> 00:56:06

when you consider unclaimed shares, you consider the one

00:56:07--> 00:56:13

share as part of the total that makes up the content that makes up the claim

00:56:15--> 00:56:29

otherwise, okay. So, yes, then what is the two sec's will be for 12th, right? What is the fourth sixth will be a 12th. So,

00:56:37--> 00:56:41

12 out of 12, after what's left over after the one four, after the one, four

00:56:44--> 00:56:49

Ps, is after the one fours, the 75 were divided up between these

00:56:51--> 00:56:53

we have one sixth.

00:56:58--> 00:57:17

Okay. So, what you will do is the three quarters that you have will be divided by the mother and the siblings, the three siblings, the mother will get

00:57:18--> 00:57:19

one quarter

00:57:21--> 00:57:25

and the siblings will get two quarters.

00:57:28--> 00:57:36

You know, what we are talking about is the mother is giving one sixth, the siblings are getting to sixth,

00:57:37--> 00:57:39

right, which is one third.

00:57:41--> 00:57:43

How many shares of losing siblings get

00:57:44--> 00:58:00

one third, one third is to sixth. And this is one sixth. But you want to key. So one sixth and two, six is worth three, six, it is actually three quarters.

00:58:03--> 00:58:05

Because one quarter is out of the equation.

00:58:08--> 00:58:15

And if you have three maternal siblings, you will have to multiply everything

00:58:16--> 00:58:22

back to 12. So the three maternal siblings will get six out of 12.

00:58:23--> 00:58:27

The mother will get three out of 12.

00:58:29--> 00:58:35

This is getting three out of 12. So you're getting three plus three plus six is 12.

00:58:38--> 00:58:47

Is that clear? Yeah. So here, in this case, you got the white out of the picture. You did the redistribution,

00:58:48--> 00:58:49

you know,

00:58:50--> 00:59:17

among the rest of them. And then keep in mind that we multiplied the wife who was getting quarter, but we multiplied her to 12. Because eventually we needed to multiply the whole thing to 12. So that when you go, like the idea here is that we're trying to do here is what to keep one original denominator to keep one original denominator.

00:59:18--> 00:59:19

So

00:59:21--> 00:59:34

we did the one quarter and then we did the one six, then we did the two six. And we made the denominator here one, four. So there was one quarter, one quarter, two quarters.

00:59:36--> 00:59:48

Then because we had three maternal siblings and two is not divisible by three, we have to multiply the two by three so we have two six. And if you multiply

00:59:50--> 00:59:51

What is it Boston English.

00:59:53--> 00:59:55

What does it bust that number on the top

00:59:57--> 00:59:58

the numerator

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

multiple is

01:00:00--> 01:00:00

Thank you.

01:00:02--> 01:00:03

So every month,

01:00:04--> 01:00:11

then then you will get six out of 12. Three. And then because you multiply it by

01:00:13--> 01:00:19

three, you multiply everything by three, including the wife, you multiply

01:00:21--> 01:00:25

the two numbers for her by three, so it will become three out of 12.

01:00:36--> 01:00:38

The Mother, why is the mother three out of 12?

01:00:44--> 01:00:46

What does the mother get one sixth.

01:00:47--> 01:01:06

And the What do the siblings get one third, one third is to six. Okay. The idea here is that the wife got the one quarter, I have three quarters left, three quarters left, the mother gets one sixth, and the

01:01:09--> 01:01:20

and the maternal siblings will get to six, that is three out of six, I will make this out of four. Because that is the remaining

01:01:22--> 01:01:31

that I will make the three out of six three out of four, because that is the remainder of the estate after the wife gets one quarter.

01:01:32--> 01:01:59

But then I have three materials, siblings, so I can't divide, they will get they will get two out of four, I can't divide two by three. So I'll have to multiply two by three will be six and then I will have to multiply the denominator also and the denominator will have to have to be multiplied all the way including the origin the wives

01:02:00--> 01:02:37

share will have to be multiplied by three the both numbers so it will be three out of 12. So that when the when the judge sends this case, in the judge since this case, he will say give you know her snia the wife, three out of 12 shares give you know ardila in the mother, three out of 12 shares give her you know her son, one of the maternal siblings. Her son gave him

01:02:38--> 01:02:42

two out of 12 and give you know

01:02:44--> 01:02:51

Khadija, two out of 12 and give Zeinab, two out of 12

01:02:52--> 01:02:59

so you will have 33222 that's 12 out of 12 that's what the judge will say to the

01:03:00--> 01:03:01

executor.

01:03:03--> 01:03:04

Okay finally.

01:03:06--> 01:03:18

Then the sixth one is a famous aletan uri Sophia asaba. Our last one there is no Howard or rod redistribution In any case, when a reservoir here inherits

01:03:20--> 01:03:21

is obvious or not.

01:03:22--> 01:03:25

Yeah, because no redistribution because there is already a will take the rest.

01:03:26--> 01:03:29

Why is there no proportionate reduction

01:03:30--> 01:03:55

because if we have a residuary here to inherit, there will be more than, you know, the US hobbled through that because he wouldn't inherit otherwise. The next chapter next chapter is the chapter on eliminating fractions. Chapter on animating fractions is all about areas of mathematics. And since we have our own computation, sort of, like

01:03:56--> 01:04:09

tools, I am not I didn't actually translate the chapter in the book because it is just simply math and simply about eliminating fractions. And we have some idea about the idea of eliminating fractions here.

01:04:10--> 01:04:16

Then the chapter on the reconstruction of problems Upon the death of an ear, and when I say

01:04:22--> 01:04:29

that when I say cat is, is basically a very interesting chapter is, you know, the whole idea of Vanessa

01:04:30--> 01:04:59

can well first of all, we have our own computation tools now that are sort of good enough to get us through. The second is you don't really need all of that stuff, because you could always divide you could always make to myself, you know two divisions and separate them from each other. The Babylonian SOHCAHTOA reconstruction problems because of the death of one of the heirs of before the distribution means that you had for instance,

01:05:00--> 01:05:11

I'll give you a simple one a simple example. Just to clarify what it means, like if you have a husband and a sister, so our deceased was survived by a husband

01:05:12--> 01:05:34

and sister, what does the husband get? One half. What does the sister get? One half. So this man was stricken by grief over his wife, he died before they distributed the state. And then He was survived by two sisters and a brother.

01:05:36--> 01:05:39

His own sister is another Yes, his own

01:05:40--> 01:05:41

two sisters.

01:05:43--> 01:05:44

And one brother.

01:05:51--> 01:05:52

I always thought about

01:05:54--> 01:06:13

the idea here is the Mushaf wanted to simplify matters, who is going to the executer, like the forca, they wanted to simplify things so that when you send people to the executer, you don't have to confuse the executer. So that's why I'm going so hot. So who's going to the executer now, not the husband.

01:06:15--> 01:06:29

What is always going to excuse me is the two brothers, two sisters, one brother and two brother and one sister of the husband, not the original disease, the second one who died and the sister

01:06:30--> 01:06:53

so in his so he wouldn't just need to give him like one sort of one denominator, number of shares and everything. But you know, I figured it would be easier to just finish that division, and then take the one half and then make but at any rate,

01:06:55--> 01:07:15

the idea here is that this this, the two sisters and one brother, the one brother will get one half and the two sisters will get one half each one of them would get one quarter see is given one quarter of the one half, he is getting one half off the one half. So he's getting one quarter

01:07:17--> 01:07:24

and each so he's getting one quarter each says thirds getting one eight.

01:07:26--> 01:08:10

And the sister his own her own sister, the deceased was a woman, her own sister is getting one half. So, when they go to the executer he will just say that one half for this lady and you know give her a name one quarter for this man who is the brother of the husband of the disease who died before the distribution one eighth for the sister of the husband of the deceased and another aids for the other sister of the husband of the deceased. So, anyway that is reconstruction whereas the heart or you know the reconstruction of problems, when one of the heirs dies before the distribution

01:08:11--> 01:08:15

can you believe it we finished the four chapters and

01:08:19--> 01:08:46

so the the book of inheritance will be inshallah done. And one or two more sessions and then we will proceed to family laws and so maybe maybe we'll make a decision so that we could do some practice also. So local recording, and I am sorry that I will have to rush out of here because like I said, or maybe didn't say but I'm traveling I have to run to the airport right now. So on a