Hatem al-Haj – Fiqh of Inheritance #2

Hatem al-Haj
AI: Summary © The speakers discuss the history of bequests' laws and the importance of beingqueathing property and privacy issues. They emphasize the importance of transparency and veracity in exchange, clarifying the meaning of "any one of them" in relation to slavery and Islam. They also discuss the use of bequest in transactions and the need for clarity and veracity in exchange. The speakers emphasize the importance of dividing the estate into designated shares to avoid confusion and confusion about the calculation of the remainder of the estate. They also discuss the issue of the IRS not being able to give a certain percentage of shares for each parent and the recap of the concept of "one third of the estate divided among the heirs."
AI: Transcript ©
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Okay, so we are continuing with the chapter or the book of bequests. And last time we talked about like a, some introduction, we talked about the ruling of bequests. And we also talked about the first.

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You know, we've talked about the dictator. And today we're talking about the legacy.

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And we said when we talked about when we talk about bequests, we will talk about five main things. One of them is that the state or one of them is the legacy that the state is the one who's given the bequest. The legacy is the one who's receiving the bequest.

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One of them is the Muslim lady. That's the executer of the bequest. One of them is the bequeath the property. That's the Mousavi and one of them is it was a itself that is the act of bequeathing.

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So, today inshallah we'll you know, remember what we talked about last time, we talked about the status, and we talked about who can give a can make a request. And we said, that anyone who can give a gift we can give it can make a bequest. In addition to that we have

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children can also make requests, if they're discerning, and people who are under interdiction, and that had their properties under legal seizure because of their financial imprudence, they could still make requests. And we explained why they could make requests, but not give gifts, because the requests would only

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be executed after their death. So they're not going to be harmed, and the requests will never exceed one third. So their heirs will not be harmed, either. So today we'll start with the legatee, the person who is going to be receiving the bequest and the shape of him Allah, Tyler the Fibonacci dam and make this a layer 620. After he

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said, in his book arm that alone the

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equivalent to Sahaba, who wanted harmony, the only man who can do then Hainan was the Yeti.

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And the requests are valid for the benefit of anyone who is eligible to receive gifts. And for the fetus in the womb, if it becomes known that he or she was present in the womb at the time, the request was made in his or her name. So it is valid for everyone that can receive gifts, in addition to this, for the fetus in the womb as well. If we came to know that the fetus was actually present existence, at the time of there was a year

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if she gives birth to the fetus after the maximum duration of pregnancy, which were you know, according to the that would be a little bit too long. But that's something that based on on medicine, anyway, it's not based on fact. So, according to the maximum duration of pregnancy,

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then then we know that we have not that it was not there at the time of pregnancy at the time of the request, then the per the fetus does not become

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deserving of that request. But if we know that the fetus was existed,

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then we give the fetus

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you know, we honor the bequest to the fetus. So it's valid for any for any thing that has a valid for anyone, or for the benefit of anyone who is eligible to receive gifts.

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So it will not be valid for

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beings or concepts that are not sort of able to receive gifts. So it will not be valid to bequeath to the angels. It will not be valid to the bequeath to deceased people

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is only valid to bequeath to people who actually have the capacity of receiving gifts, they do have the capacity of receiving gifts, and is not valid either typically is to Adams, but could you set up like

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for, you know the benefits of animals. They have done that in the, you know, in the past, they have

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done that throughout the Muslim world then chef himself has said it in

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several ways.

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Phase talks about the endowments that were there in Damascus, for stray dogs and cats and for various types of animals so you could set up for them.

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But it when you bequeath you have to bequeath to

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somebody who is able, who has the capacity to receive gifts.

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Now, the chief says,

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what the * because I'm happy enough on my back, I can't decide why.

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I'm sorry. No, that cannot be taken to the sidewalk, and I'm okay to kind of beside one hand and that means the, the hunting dogs and the sheep dog

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won't have enough for one minute another set

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it eight which is the bequest is valid now we're done with the legacy we're done with legatee whoever is able to receive a gift will be able to receive a request, I will say in addition to that, a fetus may also be able to receive it if we know

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thereafter that they were existence at the time of the bequest, he will now proceed to addressing the second point here which is the bequeath the property what could be bequeath property, what could be a bequeath property, and I want someone like to look at the document that I sent you in case I actually skipped over anything. Just remind me to go back to it.

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So So the legatee we're done with the legacy that bequeath property the sheriff here says what will be quickly Murphy enough on MOBA cannabis side 100 on a piano for one minute.

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That request is of is valid for anything that has a permissible use effect, such as the hunting dog or sheep dog, as well as impure substances with permissible uses. He's telling you, he was telling you that everything that you could sell you could bequeath, but he also alert you to some differences between the two. transactions. bequeathing is different from selling. So not only that you could bequeath anything that you could sell, but there are other things that you can bequeath, but you cannot sell. You cannot sell a dog but you could bequeath one because it is a sauce, it is not basically it is not watermelon, it does not have a value, but it is your exercise, it belongs to

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you, even though there is no ownership in the sense of the dogs don't have a value, at least if you

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sort of eradication of somebody, according to how to feed you could sell dogs. But if you're American chef here, how many you cannot sell dogs, they don't have a value, you could only give them away.

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And in this case,

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there is a difference between bequeathing and selling because even though you cannot sell a dog you can bequeath one of your dogs to somebody, because it is your extra sauce, it does belong to you, even though it has no value, but it does belong to you, it's your sauce.

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So, in addition to this, in addition to this, you could also bequeath things that are impure that you cannot sell because they are not as or they are MPR.

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They have they have any permissible uses, have they have any permissible uses, then you can actually sell them even though they are impure.

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But then the sheikh said What will I do okay. So, now, the other except that the other differences for the other differences because we are saying that anything that you can sell you can bequeath, but there are certain things you cannot sell yet you can decrease is that certain things that you cannot sell like the dog the thing and things that are impure, but have permissible uses, you cannot sell those you can bequeath them.

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In addition to this webinar, Doom can levy middle schelotto it is valid for what what does not yet exist, such as whatever ones tree will bear.

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Did I skip something when I talked about the legacy? I think I skipped something I I said that the Liga t cannot be one of the heirs

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I did not say that. I skipped that. Okay. So, the property. Let me just go back to the legacy.

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When we talked about the legacy, the legacy bit

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You know, we said that the legatee could be anyone who is has the capacity to receive gifts.

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In addition to this, the fetus could be, you know, a recipient of bequests, but we did not talk about exclusions. So, anyone that is a Janabi that may not that that has the capacity to receive gifts, but not aware is not one of your inheritors. Because the Prophet sallallahu Sallam said in Allaha khadakwasla, the Hakan hubco fella was Sita, Liveris, Allah had already given everyone they do right every air,

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everyone who is entitled to all right, there do right, then there shall be no bequest, there should be no bequests for inheritors hairs will have no right to

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bequests because they have designated chairs or they have they are about the they are sort of universal ears. residuary hairs, I prefer to do it for translation of us about

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who gets who gets the remainder of the of the of the state horn ears with designated chairs, but they have something designated for them

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by the Shara therefore, if they have something designated for them by the Shara they may they are not

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entitled to requests the because if he if you give them more than what is designated for them by the Shara that creates that creates contention creates also you know bad feelings among family members. So if you bequeath to one family member that is already getting a designated chair, so, you know the rest of the family members will tell you so why didn't you leave it just further Shara. So if you bequeath to your son, for instance, your daughter may say, Well, he's already earned double.

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When I'm giving, so why are you giving him extra? We're giving him more. And if you're bequeath to your

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daughter, your mom or your mother may say,

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Why are you giving her more

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if you know, certainly it will not affect

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your mother's inheritance unless we have out unless the massada itself, you know, we will not have enough for everybody. And then we will have to basically have a hybrid which is reduction of shares. So

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but your mother may say, so why did you not eat? Why did you give her more and not get well and not given me more than you know, because if she's

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usually $1, we'll get more than the mother depends on you know.

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Because if there is a son and there are many kids, the mother may end up giving more than one of the children.

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But the daughter or if there are many daughters, the mother may end up eating one more than the daughters. But if there is a daughter alone certainly should get more than another.

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So that is that is why the prophet SAW Selim said, Son, Allah divided, you don't take your hands off of it. You know, you don't basically further give any inheritor anymore, does that mean that you can never do that?

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No, it doesn't mean you can never do that, because in some of the wordings of the Hadith and some of the reports, the Prophet sallallahu Sallam made an exception at the end of the Hadees what is the exception? It lanisha eduarda except as the other inheritors, so please, except as the other inheritors, who would agree, have they agreed?

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Who could prevent them? You know, if it is who's happy is this who is entitlement? Is this who's right Is this the inheritors? If the inherit is agreed, that you bequeath to one of them a little bit, you know, you know, you give him one of them a little bit more than their designated chair. It's their right, we prevented the we prevented the sort of the person the stater, from bequeathing the family members to basically for the rights of those family members. Now, those family members are agreeing those family members think that

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You know, this particular

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brother of ours or whatever, is, in fact that has, in fact, his special circumstances. That's okay. You could give him more, you could, you know, put, put them in the Euro say, keep in mind that ham bellies would say even if they agree, it is still sinful. That's the authorized view on the mother to give more even if they agree that they want you to get more in life, but in bed not in bequests. But even if they agree it will still be sinful. However, some of the honeyberries are saying that it should not be sinful because the Prophet said they're learning Shahada except of the the rest of the inheritors. So please or agree.

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And in all honesty, I agree with that position. It should not be sinful, because the Prophet clearly explicitly made that exception. And if he said he learned shadow Arosa, except for the other inheritors, so please, that it should be, it should be okay. But the authorized view of the mouth is that even if they agree, is still sinful. Maybe they were thinking that they may agree and certainly if they agree on the record version or anything, it's not an agreement.

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But they they are thinking that this that creates some sort of bad feelings.

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You could be pleased to anyone, you know, so people who are not eligible to receive inheritance are eligible to receive bequests even how to be even sort of the enemy combatant

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is eligible to receive bequests or the hobby in general would

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be translated as citizen of a warring state, a citizen of a warring state. So you know, even in the past the, the heartbeat This is sort of the enemy state.

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They could they are eligible to receive bequests. And we know that Sophia, Ilana Anna had bequeath some property to her Jewish cousin, and none of the Sahaba

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basically contested.

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So we're done with the legacy, let's go back to the bequeath property. And we said that the pequea is the property and just learned to me if I skip anything, and we said that the bequeath the property is anything that you can sell, in addition to this,

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in addition to this, certain things that you cannot sell, but you have to sort of the belongs to you, and they have permissible uses, you could pass them on to someone as a request.

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And then we know that you cannot sell something that's not deliverable, something that is not possessed at the time that you do not possess the time something that is not identifiable not designated, because all of this would result in thought our lack of definitive definiteness all of this will result in risk taking in

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transactions, bequests are not

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for profit transactions requests are called the good kabara this is basically

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benevolent transaction, the variety of food, raw food is the plural of Ark, the ark that means contract or transaction. So, the borrower, the borrower, is the plural of the borrower the borrower is donation. So, it will be translated as you could translate this as benevolent transactions, you could translate this as a non for profit transaction to sort them out from the for profit transactions, which would be called ma,

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ma, ma is the plural of ma da, da da means what exchange? So

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basically, for profit transaction there is exchange of benefits here. So in the recruiting, how about for profit transactions, exchange of benefit transactions? You do have to have definitely, definitely definiteness or definitiveness. You do need to have transparency. Because there is exchange of benefits here there is something that you are giving in return for what you're receiving. But in bequests Are you giving anything you're actually receiving? So if I bequeath to you $100 that I don't own now? Well, if I own it before I die, and it is there, you get it. If I bequeath you, you know, fish in a pond

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If you can catch them, if they were caught, you know, you could get it, you could get them.

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But if not, then doesn't matter heroes, you didn't pay anything for it to begin with. If I bequeath to you something that is not designated

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one of multiple things, you know, that is not designated well the inheritors or the executer of the

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inheritors will be able to basically give you any one of them.

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He didn't pay anything for it to begin with. So that's the, that's the, that's the sort of the reason behind being a little bit more flexible with bequests. So, he will say, what module make open module can levy middle gelato, it is valid for what does not yet exist, such as whatever ones three will bear when we met I updated the sleeve, he kept it for how I even said like even man, it is valid for what is not yet deliverable such as birds in the sky or fish in the water, when we met I am liquid giving me lamb liqua it is valid for property that is not yet in one's position, such as 100 their hands, that one does not possess at the time of the request will be available here in

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Captain manavi d o t what is the minimum Michelle it is valid for undesignated properties such as one of his slaves or her slaves in such a case, the heirs can give whichever one of them they please weapon much who can have them in many elders in

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a nutshell, it is also valid for the unknown, such as a portion of the estate, in such a case the heirs, the heirs may give whatever they please, it is also valid for the unknown, such as a portion of it. So he said he says to Cheyenne, give him something so they can give him $1 that is something. So it's all of these, can you do this in sales? No, you cannot do this in sales, because sales have to be definitive have to be transparent otherwise,

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that there will be there will be undue risk taking.

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And I always make a point when I whenever I mentioned something about slavery, because someone may

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say, who's talking about slaves here, and we're translating the book at the time his slaves existed. And if you want

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to basically read more about slavery and Islam, and, and the difference the between that institution and the institution of slavery, that that we're not saying even that we want to bring back the institution of slavery and Islam itself. But we're saying that they're completely different concepts or institutions to the point that some people say, the translation itself is inappropriate. Like there was no slavery of Islam. Some people say that, but there was no slavery of Islam because you cannot translate it because the translation has all the connotation of the language, etc, etc. But if you want to read about it, just Google it,

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an issue with slavery and put my name next to it and you will find my article on this issue, which will highlight the main differences between that institution and whatever it is that you that comes to mind when you think of slavery.

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Now, having said that, we are done with the two

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points here the legacy and the bequeath property. So last time we were done with this theater, which is the mostly and the legacy we're done with the legacy which is mosa laahu. And we are done now with a bequeath property which is in Moosa B. And then we will move to some arithmetic problems.

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And we talked about the routing of those a year which was the year so we're done with how many were done with four out of five. We talked about there was a there was a the first time we talk about Devastator. He started to was he and mostly today we talked about Moosa Allahu delegatee, and Mousavi the bequeath property. We're talking about four out of five, you will have one to talk about next time in sha Allah, which is a Moosa era he the executer, because the bequest, the executer are bequest

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and that

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the executer of bequest

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Are Mussa LA. So but before we talk about talking about the request next time and when the request is invalid what to do when the request becomes invalid? Before we talk about this, let's talk about some arithmetic resolutions or errors in the present problems. And you keep keep in mind, you may think that, you know, why do we need to learn this? Because it's part of a book and we're going over the book. So

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we have whatever the, you know,

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there's just basically to show ourselves, how detailed those four were and how great they were, you know, some of these arithmetic resolutions are pretty difficult, you know, you know that they require some sort of a good foundation in mathematics, particularly algebra, particularly algebra, they are really difficult. So it is to basically show ourselves how great our folks were, and how intelligent they were. Because some of these things you know,

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the hard for even the contemporary person to wrap their head around them. Even if you are, if you're not really bad at math or anything, it was still hard. So, the logic says we're in what sada will be misurina siba hardware Assa t fella who met through lameness even use other other for either ever to state or bequeath this to him that legacy and amount equal to the share of one of his heirs, he the legacy will be entitled to the smallest share,

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the share will then be added to the rest of the designated chairs or the photo. So if it's, it's pretty easy, you know, if I if I say that give Hasson like one of my ears like one of my waterfoot give her some like one of my waters and he did not decide which one of the Waterford and one of the waters that he died and he was survived by her mother.

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and a daughter

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What does the mother get?

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One six. What does the wife get? One eight because there is a daughter the

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father is the Ferraris that's basically

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inherit an inheriting descendant. So what does the doctor get?

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Now there is I shouldn't say there is here the dollar does not inherit by tasi but let's there is a son. So the daughter gets a visit that gets designated shares he gets one half so in this case he's have given him like one of the Lada

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he will get what the wife gets, he has one eighth

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because the inheritors will have the power now you know to say what what he would like to hear I guess. Okay, so fellow. Okay, so for

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any loss of ethnicity, no. sibiya had a infinite horrible thing karma will follow. Coleman Sahaja massada was doing it was seven familia, Tasha. Was it gonna see if Assad and Sarah Fatima actually. So if he leaves behind three sons and bequeath his legacy was equal to the sons were to one sons share he the legacy he or she will get one fourths of the estate. So is that clear? That's clear. He left behind three He was survived by three sons. And he said my gift has been like one of my sons.

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Every one of them would get one quarter of the

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end of the state. Give Hassan like one of my sons. He was only survived by three sons. Hasn't gets like one of them. So he

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hasn't gets one quarter. And each one of the sons gets one quarter, obviously.

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Thank you for the comments. On a solid water balloon it was unfamiliar to us or was it Tallahassee, Florida cw fissara in Florida, Minnesota 13. Well, actually, if there is in addition to the three sons, also another of the stater, then there will be 18 shares. So you add to them the share of one son and then the calculation will be based on 23 so

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Okay, so the three sons also had a mother had a mother, you know, so He was survived. No,

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the stater was all it was survived by three sons and a mother, his mother, so that this data was survived by three sons

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and his mother.

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One mother only.

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And then he said, Give her, give her some, like one of my kids, give her some, like one of my kids. So how do we figure this out? Give her some like one of my kids.

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So we don't know what her son gets, we say husband gets x.

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We know what the mother gets, you know? What is the mother get? one sixth, low dude. And far whereas because there is

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because there is inheriting the ascendant and you don't say Ferraris and zacher. Because if you say they will do the firewall, moussaka, because of the presence of a male inheriting descendant,

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you will be right, but you will be wrong. Why would we be wrong? Because you are in fearing that if this was female, the mother would have gotten something different. And she would have not. Okay. So you have to be very careful, very precise in your language. So the mother would get one sixth. Okay.

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So the mother gets one sixth. And if the mother gets one sixth of the estate after x goes out,

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then what the three sons get?

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Five, six.

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Okay, so if there's so that's easy, then?

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No, it's not. Because three sons get five, six, how do you divide five? by three? They always wanted to have no fractions. They did not want, we will be dealing with this for the rest of this, you know, Bab or keytab, tablet? inheritance. They don't like fractions. So how do you do this? Multiply five by three, you get 15. So they get 15? Out Of what? 18? Multiply six multiply both. Okay, so they get 15 out of 18. The mother gets what? Three out of 18. So she gets one sixth. Then you he said give her son like one of my kids. What that hasn't good. Five.

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Okay, so we now have five plus five plus five plus five plus three. What is that? When you say that's it, you divide that you divide the state into 23 shares.

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The mother gets three, every one of the sons gets five, and her son gets five.

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Next what was submitted in a CV I had him while he after the service battery man, john Bell, burpee can levy Kathy Farben, that was so this was a heart attack. And let's see,

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if he be quizzes Two, two, to one, he gives the equivalent of one share, one to one,

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the equivalent of one sons share and to the other he bequeath it's one sixth of the rest of the estate, you should give the one

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entitled to one sixth the same as one who is entitled to a designated chair and then you solve the problem as you did the previous one. So he said here, one of them will get like one son and the other will get one sixth

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one sixth of the rest of the money.

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Pay will be just like this.

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But so this will be the legacy here.

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And instead of the mother so he said

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so he said if he pleases two to one, he gives the equivalent of one cents a share and to the other he bequeath this one sixth of the rest of the estate, that is the rest of the state after there was a it goes out after the the will is the request is executed. So

00:35:25 --> 00:35:49

if you don't have the mother, you have three sons and two legatees, one will get like a son, and one will get one sixth of the remainder. So that person who gets the one sixth of the remainder will take the position of the mod the mother, because she was given one six, so he's getting one sixth, so it will be identical to the previous

00:35:51 --> 00:35:51


00:35:53 --> 00:36:21

In Canada, we'll see it is there any bit pseudos Bertie, a Soto's Sahaja I even came upon salah and some visit today and it's a fantasy of dishonesty toward the Sahaba suitors, Salman were hidden while back the bane of many, what was he about in the previous scenario, if the request for the second legatee is one sixth of the remaining one third, actually of the remainder of the one third,

00:36:22 --> 00:36:33

it's one sixth of the remainder of the one third, not the remaining one third, and know how I got this, the remainder of the one third, correct this

00:36:39 --> 00:36:41

I will explain the difference net right now

00:36:42 --> 00:37:32

of the remainder of the 130 resolve it as as we have, as we said above, but tomorrow, you then multiply it by three. So the denominator will be 69 of this the second legacy, we'll get one share, and the rest will be the divided by four between three sons and the other legacy. So he has three sons. He has three sons, and he said her son, and it hasn't gets like one of my sons. And he gets here not once a sixth of the remainder of the estate. So he will not be here with the IRS. No, he gets one third of the remainder of the third. What is the third?

00:37:33 --> 00:37:34


00:37:35 --> 00:37:42

It means here he the ceiling of the one thing is what one third you can get more than one third, right?

00:37:45 --> 00:38:00

Okay. He can't give further was a cannot get more than one third. So he said Hassan will get like one of the sons. Okay, Hassan is getting like one of the sons and then

00:38:01 --> 00:38:05

then Hanson Hanson will get five

00:38:07 --> 00:38:08


00:38:09 --> 00:38:12

so if he doesn't gets five

00:38:16 --> 00:38:17

like the rest of the sons

00:38:21 --> 00:38:27

No, it's not like Hassan, we'll get it we'll get five hats and we'll get X on each one of the sons will get x.

00:38:30 --> 00:38:32

Okay, so you would have four x's,

00:38:34 --> 00:38:36

what the what it is getting

00:38:37 --> 00:38:39

is the one sixth

00:38:40 --> 00:38:47

of the remainder of the one third. So the one third minus x

00:38:48 --> 00:39:18

no minus one x. Because of because only Hassan is omega T the three sons don't are not in that third, that the sons are outside that third that they get from the inheritance. We're talking about the remainder of the one third after hasn't gets an amount equal to each one of the sons. So it will be one sixth of the remainder of the one third after you take out passons

00:39:19 --> 00:39:20


00:39:21 --> 00:39:24

and in this case, in this case,

00:39:26 --> 00:39:34

you will multiply the 23 by three. So it will be head will come out of 69.

00:39:38 --> 00:39:49

When it comes out, it comes out of 69 Holly who gets one sixth of the remainder of the one third will get only one share

00:39:50 --> 00:39:59

and each one of them will get 68 by four 178

00:40:00 --> 00:40:07

shares, each one of these will get 17. And it will get one share.

00:40:10 --> 00:40:13

If you think about it, if you think about it,

00:40:15 --> 00:40:25

what happened here is that there's one sixth of the remainder of the one third,

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

will come down to one out of 69. It is one six of the remainder of the one third, you could even do it by percentages. And it it will, it will come down to that

00:40:42 --> 00:40:48

one sixth of the meaning of the one third, who does algebra here, who is who's good at algebra.

00:40:55 --> 00:41:13

Explain to everyone else because I'm here or my boss, someone along the way. So like, if you start from $100, and then split it up among the people, each son will get like $20, for example. So you're taking one sixth of the remaining one third, to take $100. And then you bring them to 130, at $33. And one cents.

00:41:19 --> 00:41:20


00:41:21 --> 00:41:36

the problem with percentages is that you have like sometimes unlimited fractions, because one third is not really 33, we're gonna do with the one that is left. So that is why they they don't use, you know, the,

00:41:37 --> 00:42:01

like, he just can't use percentages, you have to divide it as designated shares. So that that would be that thing. And it is it is basically an arithmetic issue. It is basically figuring out, you know, and that's what algebra is all about, how that's why algebra is a Muslim invention. In fact, they were

00:42:03 --> 00:42:17

they were, the motivation is actually the inheritance laws, the motivation behind the development of algebra in the Muslim world, was to figure out inheritance, so we should feel bad.

00:42:23 --> 00:42:32

So the idea here is that you will say that each one of the sons who will get x therefore has and will also get x.

00:42:33 --> 00:42:34


00:42:36 --> 00:42:49

and you have you say that he said one sixth of the remaining of the one third, so that one third minus x divided by six equals arties. Share,

00:42:50 --> 00:42:59

equals RT share. So if you say if let's say that RT share will be one, then you figure out from here, what is x.

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

And once you have figured out the x when you will be okay. And the x here will turn out to be

00:43:09 --> 00:43:10


00:43:11 --> 00:43:22

each one of the sons will get 17. And one of the legacies will get 1717 for 1768. And then

00:43:23 --> 00:43:24


00:43:25 --> 00:43:29

rd will get one out of the 69 chairs.

00:43:31 --> 00:43:37

Okay, and next time we can get to an algebra guy, and this is for the executer to execute

00:43:38 --> 00:43:45

as for the execution, and that's what they that's what they have to figure out all the time. That's why they actually thought

00:43:46 --> 00:43:57

that they taught them algebra because it is a one of the distinctions of an alpha is that it's a science that straddles two different fields.

00:43:59 --> 00:44:03

And math, particularly algebra. Yeah.

00:44:04 --> 00:44:10

So let me let me finish because I'm not going to go and go back to the arithmetic resolutions next time.

00:44:11 --> 00:44:12

Then he says when he

00:44:13 --> 00:44:22

says zip Sahiba so this is Becky because he had a team Phase I cannot play tomasa happening with Miss Ellis. I mean, when can come Sephora.

00:44:23 --> 00:44:45

If there are more than three sons you give an additional share over whatever the nominator is used to resolve the problem to the Ligety who is entitled to one sixth of the remainder of the estate for each additional son. So if they are four, he gets two shares. And if they are five, he gets three

00:44:46 --> 00:44:59

do it and it will come out right. You know if you have that ability to do algebra, who will come out will be right. He is saying he's saying what if you know he said

00:45:00 --> 00:45:18

hasn't won, give hasn't like one of my sons and give Annie one sixth half the remainder of the one third, after hasn't gets his nosleep out of though that one third that is designated for once a year.

00:45:19 --> 00:45:53

You know, one sixth of the remainder of the one third goes to Adi. Now he's saying that if they if they're if we have three sons, and he got one out of 69, which is the sort of the smallest denominator that will avoid fractions that will avoid fractions. If you had four sons, Ollie would have gotten two shares out of whichever denominator that problem can be

00:45:54 --> 00:46:05

resolved with, you know without fractions, without fractions, if you have five sons, he will get three

00:46:07 --> 00:46:18

of whichever denominator whichever number of shares that problem can be resolved with, without fractions, and so on.

00:46:21 --> 00:46:23

Next time get someone over you know

00:46:24 --> 00:46:25


00:46:31 --> 00:47:05

Okay, then when once it was in Michelle Obama has done with maharajji aka Santa duck, yada, yada. If he bequeathed us a fraction, like one third or one fourth, you take it out from their denominator, and then you divide the rest two thirds or three fours among the IRS. If he's really nice, and he doesn't want to torture the you know, the executor of the will or the party that will be asked about this. And he says give him one third or one fourth or something like this. That'll be easy. You give him whatever they said and then you give the rest to the IRS.

00:47:06 --> 00:47:13

The nysc which is a nikka Soto's Robo settlement in Makati in Makati Hema National Center

00:47:14 --> 00:47:20

for Android do jalta see hammer was a suicide man when it was that he

00:47:21 --> 00:48:14

if he pleases one third to one person and one force to another, then you take them from their least common denominator, which is 12 and the rest will be divided among the heirs. But if the error is rejected this then you reduce the total shares of the bequest down to one third of the entire estate, giving the heirs twice as much as the bequest so he says give her son one third of my estate and give it one quarter of my estate. This will be pending court approval of the inheritors because that's more than one third you can't do that unless the inheritors approve it if the inheritors, approve it and he says give us on one third and give it one fourth Okay, how do you resolve this

00:48:14 --> 00:48:16

problem without fractions

00:48:17 --> 00:48:28

12 if you have yes and and we will come to talking about this, whenever you see four and something else just go to 12 you'll be safe.

00:48:30 --> 00:48:39

Whenever you see a you just go to 24 it will be safe. So, anyway, so four go to 1212

00:48:41 --> 00:49:14

you know, so, one quarter of 12 is what three, one third of 12 is what for what is left five and five out of 12 will be the estate that will be divided divided among the water Sir, if they approve that to say that water did not approve this, then you will Okay. Then you will need to consider consider this 12 to be one

00:49:15 --> 00:49:34

to be one third and then two thirds here you will give the water 24 and you will make this 12 one third, you squeeze them into the one third in squeeze Hassan and Artie ad into the one third. So they all get

00:49:35 --> 00:49:39

you know the whatever is proportionate to that.

00:49:42 --> 00:49:59

And once more I mean many fellow musicology ministers for Masada who grew up in New geezer Juarez like likewise if he bequeathed a certain property but it did not come from the one third, then the Ligety will only be entitled to as much of it as is equal to one

00:50:00 --> 00:50:12

of the estate unless the IRS permit more. So he left behind wealth and you know, he always had built in to

00:50:13 --> 00:50:30

him this building ended up being one half of his inheritance. However the inheritors allow him to take it He will take it if the inheritors do not allow him to take it. He would own as much of the building as his one third.

00:50:32 --> 00:50:33


00:50:34 --> 00:50:46

America today now subsequently, Mariela rajawali besonders domantas students Eden man fissara, Arvada hazardous worker center, Melvin omada, in Odisha, Rama was

00:50:47 --> 00:50:49

in Rue de la la.

00:50:54 --> 00:51:28

Okay, so if the amount of the bequests exceeds the value of the entire estate as with a man who bequeath is one third of his estate, to one particular person and the entire estate to another, then you combine the one third with entire estate making a denominator of four shares, then you give one force to the to the first person and then three fourths to the second person, have the heirs rejected that, then you take the one third,

00:51:30 --> 00:51:48

to which they are entitled and divided by four, giving the first person one quarter of that one third, and the second person three quarters of that one third. So he bequeath his he bequeath this one third of his estate to Hanson

00:51:49 --> 00:51:52

and his entire estate Tally.

00:51:53 --> 00:51:58

So, how do you do this? Who's scared? Right?

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

Okay, so should we give Hasson one third and then give it the remaining two thirds know?

00:52:08 --> 00:52:23

He bequeath once the third hazard and the entire estate family and we want to respect the how the respect to that. Okay? So one third plus, what? three thirds

00:52:25 --> 00:52:28

is four thirds.

00:52:30 --> 00:52:53

So, instead of the binding incentive, the denominator being three, you make the denominator four, and you give the person who wasn't a big with the one third, one fourth, and you give the person who was the quiz the entire state, three fourths. That is,

00:52:54 --> 00:53:02

if we allow this the inheritors, the inheritors, will say no, you know, we don't allow them to take more than one third,

00:53:03 --> 00:53:45

then, then that four becomes 12. Right, and the inheritors will get eight, and those fellows will get four, and he divided the four the same way divided, but the four and instead of the four being the whole estate divided by four, no, the estates will be divided by 12. And we squeeze them into the one third, and they get out of that one third, as we said before, one quarter for the person who was a bit squeezed one third of the estate, and three quarters for the person whose weeklies are one with the oldest estate.

00:53:46 --> 00:53:49

Then he says, Well, it was a bit more iron in lira Jones,

00:53:51 --> 00:53:52

also be reduced.

00:53:55 --> 00:54:19

If he bequeath is a certain property to one person and then bequeath this the same property to another person, they share it Likewise, if he designates one man, as an executer of his will, and then this designates another man or another. They are both executables. So do you remember when we talked about our theater, the marine the gift of the terminally ill?

00:54:20 --> 00:54:38

And we said one of the differences between bequest and the gift of the terminally ill is what the gift of the terminally ill takes time immediately at the time of the gift retrospectively meaning what I so so I am I'm terminally ill.

00:54:39 --> 00:54:43

My gifts would have to come out of more than one my third.

00:54:44 --> 00:54:45


00:54:46 --> 00:54:59

then my gifts will be executed on the upon my death and will come out of the one third, just like the bequest, but one of the differences between the gift of the terminally ill

00:55:01 --> 00:55:19

Is that it takes place immediately. So if I bequeath a fire, if I give away a factory, the proceeds of this factory, even though I will take it, seize it, after, or the person will seize it after the death of the donor.

00:55:21 --> 00:55:35

But he became the owner of it immediately at the time, he was given the gift, if we know that it will come out of the one third after they die, and so on, because it would be treated like a request.

00:55:36 --> 00:56:33

So, since the ownership happened immediately, then, if he gives away, if he gives away one thing to one person, and then he gives away the same thing to the to another person, or he gives away one third of his estate, to one person, one third of his estate, one person and then gives away, that is the gift, not the bequest, gift of the terminally ill gives away another person, one third, and the heirs refuse to give them more than one third, then the first one only gets his one third, or gets gets his gift gets that factory, and the second one gets nothing. Why? Because the gift of the terminally ill is effective, immediately penned in here, you know, meeting the conditions,

00:56:35 --> 00:56:36

the you know,

00:56:37 --> 00:56:53

the within the one third and so on. So, but it was a year, in once a year, he gives this factory as a query this this factory to x, then a couple of months later, he bequeath us this factory to why.

00:56:54 --> 00:57:14

And then he dies. Who gets the factory? We divided between them, no, not the first one divided the first one if he was given away in his life, now that he's bequeathing, this is a different story. Because when does the effect when does the bequest become effective?

00:57:16 --> 00:57:32

upon death? Does he die two different times or one time? One time, which is different from the gift of the terminally ill because he gave away these to the factory at two different times.

00:57:33 --> 00:57:48

Exactly. So that's what he's saying. But the other thing that he was saying, if he makes one designates one as the executor of the will, and then execute, it designates another person as the executor of the will, both will be executed.

00:57:50 --> 00:58:08

Okay, and then I will finish and then we'll have the five minutes and then we'll have all the questions because I want to make sure that it's just getting done with us. When Kadoma outside to be heated our firewall is any bottle that was our certainly, if he because this factory to x, and then he said,

00:58:09 --> 00:58:42

that factory that I bequeath to x whatever I bequeath x is actually wise. I bequeath it now to why, however, if he says whatever I bequeath to the first is for the second, then the bequest for the first person is unknown. The request for the first person is unknown, because he expressly said that what I bequeath x goes now to y. So he has that power. Why? Remember, what kind of contract is what's the

00:58:43 --> 00:58:44

last name or

00:58:45 --> 00:59:16

last name or j s are the J s, which means non binding contract. The last is a binding contract and non binding contract can be recanted or not, can be recanted. Therefore, if I write something in my was a year, and I want to take it back, I can take it back. I am empowered to do that until I die. So I can keep on sort of re modeling my will say all the time, and I am entitled to that.

00:59:20 --> 00:59:25

I'm sorry for being late and we will have five minutes for people to leave and then we'll have our q&a session.

Fiqh of Inheritance – Continuation of Bequests

A Commentary on a primary text of Hanbali Fiqh manual written by the great Hanbali jurist, Imam al-Muwaffaq ibn Qudamah, ‘Umdat al-Fiqh (The Reliable Source).

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