Fiqh of Inheritance #4

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Fiqh of Inheritance – Book of Inheritance

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

Episode Transcript

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ready

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to proceed today inshallah we will start GitHub for the book of inheritance inheritance laws.

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And we

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were done with the book of requests or whatever it was I uh, we spent three sessions on the book of requests. And hopefully everybody remembers with what we said

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because it is important as we said, that the 30 kV estate that will be left behind by the deceased Will

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you know, the will be divided and this order

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remember when we set the doom

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okay.

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So, for that is for that is that is basically the burial, the fear the expenses of the funeral and burial and the death is for dying and that is basically liabilities and debts and we said those liabilities and that some of them are specific items in the estate,

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some of them pertain to specific items that the sister left behind and some of them are just general liabilities and the general liabilities are or you know, liabilities in general

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Some are to people and to a loss

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and we talked about the disagreement over

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you know,

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those liabilities,

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you

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have to Allah subhanaw taala upon your death, what is what is obligatory on the

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inheritors are the heirs in this case, and we talked about all of those issues, and then the wild was for what for what a year and bequest, and the meme is for what miraz which is the inheritance.

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So, that this is the order the order is one, let us make sure that the burial expenses come out. That's the first thing to liabilities and those liabilities are divided into liabilities, liabilities pertaining to special items of the estate and general liabilities, liabilities, you know, debts that you owe to Allah and debts that you owe to the people. And then so liabilities.

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And then the was the big West.

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And then the inheritance that is the division of your state, among your heirs 1234. But we said that two can be divided into two different levels. But if you want to remember the four

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do that he's in was a mirror that would be the order. Now, we are done with the book of bequests, which is the wall was the year bequest, and we will start now, the book of mirrors, but before we started with the book of mirrors, we

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the debts or liability that that here introduced the debts or liability, just wanted to let you know that it is preferred that even if the state does not cover all the liabilities that the heirs would pay off the death of their loved one, you know the survivors of the disease to pay off their debt, so that they are released. Because the Prophet sallallahu Sallam said knifes one woman One Laptop today and he had done that the soul of the believer will be more or less suspended suspended from what suspended from, you know, joining gates be fitting granting in Paradise, for instance,

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by their debt until it is it gets paid off by their debt until it gets paid off. So it's recommended for the survivors to always pay off the debt. They will not be required to pay it off. If it exceeds the

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state that was left by the deceased. So, if the if the So, if the left behind 100 and their debts are like 250 the

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the 100 will go towards the payments, but the 150 difference, they will not be required to pay that off, they will not be required to pay that off. Is it recommended? Yes, it is recommended for them to pay it off, but it is not a requirement.

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Okay, so that's as far as the debts or liabilities are concerned.

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And we talked about, you know, even we talked about, you know, how do you divide? How do you give those debts.

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And we said that the prioritize that that's for the people according to the majority, the shafa is the prioritize that's of a loss of Hannah Tyler and Hanbury said that you basically give everyone their respective portion. So if someone for instance, owes like

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like the 250 for instance, they left behind 100 they owe 250 out of the 250 the Oh 100 to Allah 154 different people. So how do you do how do you go about this? The Hana fees and medic he said the 100 would all go to the people that they left

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the shelter he said the 100 would go to

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whatever it is the the old whether it is the for the socket or had the did not make or something of that nature. And the Hanbury said the 100 will be divided based on the so 100 to Allah 150. So two, and so two portions, you ought to allow three portions to go to the people. So 40 will go to towards your debts that you owe to Allah 60 will go towards your debts that you owe to the people. You remember this when we talked about this the Hanbury position.

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And do you remember that I also said that the GPA of the people and I felt that that the hanafy position in this regard is actually stronger that that's the to to a last pinata drop and your heirs are not required to pay them off. But that's not a humbling position that's and he said that the hanafy position

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Okay. So now we come to this division of inheritance or catapult for head and you know, the next maybe 12 sessions will be spent on the book on the inheritance in general.

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So at the moment, Kodama Rahim Allah, who died in the year 620, after hedger said in his book on that effect, under GitHub for the book of inheritance, we're here Kismet on Mira.

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This section pertains to the division of the state. The section the law pertains to the division of the estate for either an alpha is the enemy that addresses the division of the estate of the deceased. according to the instructions, divine instructions, that's what it is about, and it's a very noble science. The Prophet sallallahu Sallam said Parliament for mala Mohan Hanna's finance for the N word hawaiiusa water and many intezer or Yun zamin Amati. So tala mode Farah at learn about the laws of inheritance while him ohaneze and teach them to people

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that want to learn it is half of knowledge. And it gets forgotten. It's easily forgotten the prophets of Salaam said it's also somewhat complicated and it's easy forgotten. And then when he's doing

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it, it's the first knowledge that will be taken away from my own work will be removed or taken away from my own. Well, this hobbies and their comparable bodies also. They're questionable in terms of traceability to the Prophet sallallahu sallam.

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Some scholars authenticated them very few authenticated them the most, most of the hotties did not find them authentic, but the concept is in general, is an accepted concept of the entity

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portions of the science is agreed upon

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the concept of this science is more difficult and, you know, and for the mortgage difficult to learn and easier to forget, that's also an agreed upon concept among this the scholars, and

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the fact that it is the first knowledge to be taken away from my own, we've come to see it, because even you know, this, this particular knowledge

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is a very sort of rare knowledge to find masters of this must find masters of it, it's very hard to find masters of admin for the laws of inheritance even among the scholars, it is not really that common to find masters of this particular science or this particular discipline of knowledge.

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So it is important and we try to learn it because it's part of the CFIA, it is a collective or community obligation.

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So some, some people have to learn it so that we can

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basically divide the property or the state of the seas, according to the study are, whenever we are asked, nowadays, there are applications and I have seen some good applications. And I'm reviewing one

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to talk to you about, you know, like having an application that takes you through the steps like TurboTax. Just last week, some one of them, sent me an application that actually takes you through the process. Like TurboTax.

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They ask you questions, it's not like they give you all of the possible errors. And then they asked you to choose your survivors? No, they asked you Do you have

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children? And then you answer and then the asking the next question, do you have this, you have that and then they take you one step at a time. There are a few things that need to be fixed, you know, and, and the application but hopefully when it comes out, will be very good and very helpful. And that's something you know, whoever does this gets a huge reward for it. Because it facilitates for people to divide their estate facilitates where people live in faraway areas who don't have access to knowledgeable scholars or something facilitates for them to do these things in a way that's most pleasing to Allah subhanaw taala.

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These, you know, all of these efforts are important for the adaptability and vital vitality

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of the Cydia.

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Okay, so

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it is really a wonderful knowledge. This science is really a wonderful science. There is a professor at the King's College in London at the end of the 19th century. And you'll find this in the book.

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Harlan Merrick Rumsey. What did he say?

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He anyway, he said that this, that there is this this system of laws is the most elaborate,

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most refined and most elaborate system of laws, in terms of devolution of property, that is known decentralization. And he said that you ought to learn it, not only for practical purposes, like if you're a lawyer, Judge, and he's talking to be you know, people who are not Muslim, but he said that he ought to learn it, just for your intellectual gratification for years, sort of just for your pleasure, he finally found it to be so

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you know, interesting, and so stimulating intellectually, that he recommended for people to learn it even if they don't have practical use for. So, if we are Muslim,

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and we could have practical use for it, then we

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ought to learn it.

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See, when said

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while he suits Alaska to XM,

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the airs belong to one of three categories, who fought them, while asaba was.

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So the heirs belong to one of three categories do for them, heirs of designated chairs, asaba residuary heirs, who was ora Haman, and that his other kin, other kin. So he said that there are three different types of errors and these are the types of errors that we will talk about.

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We will talk about the basically the effective

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Cause and the hindrances and the conditions and all of that stuff in just in a moment, but the chief said Zoo for them

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and the zoo

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okay three different types of errors. One when no one would be called designated chairs

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for the means designated chair for the mean something that is designated that is a fraud that is made compulsory or obligatory and who made it obligatory compulsory Allah so far done for either means the designated chair that has been made compulsory by Allah subhanaw taala zoofari. The is someone who has a designated chair who is entitled to a designated chair, someone who is entitled to a designated chair. So designated chair hairs

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asaba We will call this residuary errs,

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residuary

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hairs. And also what comes from what you know, the your, your, your closest kin, and on your paternal side, as we will come to discuss your closest kin on your paternal side are your asaba asaba is the like when you when you tie something around your head, that's called, you know, Saba or the posse. So you You're the, they, they are the closest to you. They are the ones who will bail you out when you need them. They are the ones who will pay the day when you when you kill someone by mistake or when you hurt or wound someone or when you whenever you are in trouble. They are the ones who bailed you out. So that's why they're called your asaba these the circle, they make a circle

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around you, they protect you. So if they do then they are more than entitled to your estate. If you die and you don't leave enough heirs with designated shares, then you

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then they are most entitled to your estate. And certainly some of our support also will get no matter what we will come to see that.

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So that is why they are called residuary heirs, there is the word here is because they will take anything that is left after the heirs with designated shares, take their shares, after the heirs was designated chairs thing their hairs, they will take what is remaining what is left. That is why I translated it as residuary. But the word basava itself does not mean residuary means the closest again, who will make a circle around you, protect you sort of, you know, bail you out when you need

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when you need that, and so on. And then azura him are the third type of heirs that will inherit from you and Zora hai means what other kin that's how we translated Zora, because they really there is no one word to translate for him. So because they were a ham, sometimes it is, it is translated as remote kin.

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But your your maternal aunt is not removed, is she? No, she's not. You know, the prophet SAW sometimes said that Father Manzella through it, the maternal aunt is like a mother. So is she removed No, she is not removed. Therefore, I just couldn't find the word

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to translate the ROM, ROM is the womb. So they are connected to you, but it is not only by the womb, it is not only by the womb, because your ama is one of the witches your paternal aunt is Dora. She inherits like as aura him like you know other kin.

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So, it is basically blood relationship, people who are related to you, people, your relatives have their kin and other means what why do they say other means other than this and this other than the people who get designated chairs, and other than that they are relatives other than these relatives, but they are not removed.

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They are just other relatives who will not get this or that other kid right. So these are the three types. This particular type only inherits according to the

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house.

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buddies in Wales, Hana fees. They don't inherit, according to the magic is interface. So if you don't have designated areas with designated chairs or asaba residuary hairs, then what what do we do to your estate? if you're if you're Medicare

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or the laws of the land are Medicare safaree what happens to your estate? It goes to the Treasury, beta, the man, the Muslims, all the Muslims inherit you, it goes to the Muslim Common Fund, also called House of Treasury, also called debated man, also called Treasury, etc. So it was a treasury coordinate genetic interface.

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But Allah subhanaw taala said, Oh, honey bottom out of the bottom, Vicki tabula and sorted and fed.

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Allah subhanaw taala said, that the, that the owner, Lord ham, which is the, you know, those who are connected to you through the womb, are more deserving of each other, meaning that they are more deserving

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me It meant to the honeyberries and the HANA fees, at least, that they are more deserving of the estate than the rest of the Muslims. You know, so your maternal aunt is more deserving of your estate, if you don't have enough heirs with designated shares or enough residuary heirs, your maternal aren't your paternal aren't your maternal grandmother,

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your daughter's Daughter,

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your niece,

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your nephew through your sister,

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these people are more deserving of your inheritance than the rest of the Muslims. So, so that's why the Hanafi somebody said, it's not only the front of the announcer, but it's also it makes a difference, because whenever we talk about you know, who inherits there are some differences here, but the difference is not that huge, because most of the time for most people

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you know, you will have designated share errs or residuary errs, you know, most of the time, we will not need to give

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him or other kin anything because your your estate will be divided among these people. And even if these people don't have

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even even if we say that you're left behind a xojo, you're left behind as a husband and a mother.

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And this we will come to talk about this in detail.

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But you left behind is out a husband and a mother. How much does the husband get? One half? How much does the mother gift?

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One third? You know, because we will talk about, you know, the different scenarios for the mother, but she will get one third, whatever, what are we going to do with the one six that is left? We will look for residuary air.

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And we don't find the residuary here, we give it to the Laura ham. No, we will give it to the mom.

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And we will come and talk about this. So rarely surah ham gets what the raw ham would get if we're really stuck and we don't have someone to give to divide the state amongst them, then instead of giving it to the abated man, we will give it to your other kin

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okay and we will come to talk about this in more detail, but what are has Bab

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and so rude

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and Maulana

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as bad means causes.

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And so, root means conditions.

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And Mallanna means the hindrances

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because we have to talk about this before we get into discussing the details of who inherits and who does not inherit was the shift started right away. So

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and then we will talk about who inherits the the shape. We'll start here with the people who inherit designated chairs.

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So what are the causes of inherit

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What would cause a you know people to deserve

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part of the inheritance. So we have three causes.

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So we have in NASA,

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which is

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sort of reality or you know,

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blood relationship.

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We have inika

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which is marriage

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and we have it well, which is the allegiance and allegiance to the emancipator, allegiance to the emancipator when someone emancipate someone you know, when there was slavery and someone emancipated someone, then there is a relationship between them just like the relationship between the blood relatives, and when I

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met in NASA, the prophet SAW Selim said, So, this is called a lesions.

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So, these are the three different reasons why people inherit from from each other and NASA blood relationship and they care marriage, Halliwell,

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allegiance to the emancipator,

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three different reasons.

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So, what are the root here

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these are the bad, what are the root

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the sureau rs three different role, you know, you have to buy first,

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your air has to be alive at the time of your death and we have to ensure that

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and the relationship between you and the air has to be established.

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So that the seas the you know has to die, the survivor has to be alive at the time that the sister dies. And the relationship has to be established between them. What are the hindrances also three have anything is three today?

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What are the hindrances also 315 100. In slavery,

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the slave would have to be freed first. So if you want to do the slave a favor don't give them money because the master will take by them and free them. And that beer is by you know, by agreement valid, what you do is the slave when

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you will have to emancipate there's the beer means emancipation Upon the death of the master. So that is what you do. If you want to do this labor favor, then you do if it is yours, then you emancipate Upon the death of the man master which is called the beer or you

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bequeath

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money to be or you demand that this person gets bought from their master and emancipated.

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But you do not basically the slave does not receive money because it will take be taken by the master once you do for the slave is the freedom first

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is killing.

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And we will come to discuss this all of this in some more detail, but this is like just like a general scheme.

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Before we get into the details of heartless killing the killer, the American the murderer or the killer will not inherit someone kills another person they will not inherit from them.

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Which one of the killers because you know killers are not all the same there is getting by mistake, there is intentional killing there is getting this justifiable there is getting this unjustifiable. We will come to discuss this later, but just remember that a particular killing is a hindrance. And then if the left Dean difference in religion, difference in religion is the other

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manner or hindrance of inheritance. So, if we establish the sub or the cause of inheritance, which is blood relationship, marriage or allegiance to the emancipator and we fulfill the road, the person by the deserving air was alive at the time of their death. We establish the relationship between them whether it is this, this or that

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And we don't have a hindrance, which is slavery park the killing is the difference in religion. You get to inherit from them.

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Okay?

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Who then gets to inherit it? Who are the heirs or the inheritors.

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We'll start by mentioning

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the heirs that received the that are deserving of designated chairs.

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But maybe we should mention all of them and then mark the ones that will get the designated chairs that she said here for the for the Asha Has anyone ever when he was at dualjet that was Veneto Burnett we live in

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a 40 minute here's with designated chairs are 10 one and two the spouses three and four the parents five the grandfather six the grandmother seven the daughters, eight the daughters of the sons, nine the sisters 10 the maternal half siblings, maternal half siblings or maternal siblings. Okay.

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But let's write them here. So that is easier for us.

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No boys, the son does not get a designated chair will come to this The sun is residuary air pasaba the sun does not get a designated chair

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it's surprising isn't

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but yeah guys gotta be thankful man.

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Anywhere in India the son does not give a designated chair.

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But we will come to talk about how we will block everybody.

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No.

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So who are the inheritors? Who are the inheritors?

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the inheritors are

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Okay, so let's say among the men, so men and women, men

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and women and there there are different ways of doing this. But let's let's think about you know, the way that's usually usually used by home buddies, the same 10 men and seven women, then men and seven women will inherit we're talking about all the inheritors except to what other kin Zara ham because if we include surah ham, we're including everybody in the world, you know, or including a lot of people so we want to not address the right hander different discussion. But we were talking about the inheritors will get designated chairs and the residuary areas as well, not only the ones. That's the difference between this and what the chief is talking about the 10 people that the chair

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is talking about are thin men and women, these are the people who get designated chairs. I am talking now about all the people who inherit from you. So all the people who inherit from you, you start with the sun,

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sons,

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sons,

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four and seven, you know, no matter how many generations down

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So,

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okay, so that's one and two here. One, two,

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then the father

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then the grandfather

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no matter how many generations up

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but that is all connected through men, no matter how many generations up if if he's connected through men, all through my grandfather, this is the paternal let's say paternal here.

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What this arrow means to another no matter how many generations up.

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Five

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who else will inherit

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brother

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and

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brothers son

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that's five and six.

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And then the uncle and the uncle son

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and then the brother, his son windsurfer, also

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no matter how many generations down uncle uncle's

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son also no matter how many generations down

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and this is which uncle This is the paternal uncle.

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So, this is the army, not the heart, this is the the the father is a brother, not the mother is a brother

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and the paternal unconcern, you know, the father is brothers sons, not the mother's brothers sons,

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that is seven and eight,

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nine and 10 are easy, because nine is the husband

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and 10 is the emancipator

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emancipator,

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the martyr,

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the husband and Mater, these are the 10 men that will inherit. So, in other books, when they tell you 15 men will inherit What do they mean by 15

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they mean by 15 they will come here at the brother and they will tell you

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these are three different brothers that would have hair full

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paternal

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and maternal

00:36:52--> 00:36:56

they will come at the article here and they will tell you it is full

00:36:58--> 00:36:59

and paternal.

00:37:02--> 00:37:05

Fallen paternal and here is not the paternity of that.

00:37:06--> 00:37:17

So, okay, so your your father, his brother, it could have been his full brother, or it could be his paternal or maternal brother.

00:37:18--> 00:37:21

He's your paternal uncle in the sense that he's your arm and

00:37:23--> 00:37:54

he's your father, his brother and not your mother's brother. Because the Han inherits like what the other kin does not inherit with a designated chair or is your as a residuary heir, he inherits like other kin. But the brothers is the father his brother inherits, which kind of arm Your father has three brothers, one of them is from his father and his mother has called full sibling,

00:37:56--> 00:38:17

he will inherit one of them is through his father only, he will inherit also. But if the other one is not around, the fourth one is narrow. And the third one is your father's brother but through his mother only, he will not inherit except

00:38:18--> 00:38:24

Zora like Dora and like other kin, like the heart, your mother's brother

00:38:32--> 00:38:46

milk brother does not inherit no absolutely milk relationship does not apply to inheritance here we're talking about blood relationship, not milk relationship. So when the Prophet sallallahu Sallam says yeah,

00:38:48--> 00:39:07

he says that thou makes forbidden that which makes forbidden reality makes forbidden breastfeeding makes for billing that which He did not say that everything will apply all rights apply. No, just that the hareem when it comes to for prohibition concerning marriage,

00:39:09--> 00:39:13

but not not in general, okay. So these are the 10 men

00:39:16--> 00:39:18

that we are talking about here.

00:39:22--> 00:39:24

So, when we say

00:39:36--> 00:39:38

seven women are women, what do we mean by seven women?

00:39:47--> 00:39:56

The person who had a slave and then the freed the slave, they get the inherit the slave if the slave did not have their own inheritors.

00:39:58--> 00:39:59

This is if the sleep has

00:40:01--> 00:40:08

Master their master who had freed them will get to inherit them.

00:40:10--> 00:40:11

So, the master has a slave and

00:40:13--> 00:40:35

the slave master inherits from that slave, if the slave does not have inheritors, if the state have his own inheritors, then the master will not get the you know the inheritance but if the slave have no inheritors, yes, because he has done him a great favor. So, if you have little, a few emancipate somebody, that's that's a huge favor.

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

Yes.

00:40:39--> 00:40:44

So seven women who are the seven women, daughter,

00:40:53--> 00:41:12

by the way, I came to this palace here, put the spouses number nine, usually we start by giving the spouse The first thing that we want and when we divide, when we actually come to divide the inheritance, we start by giving the spouse whether it is the zones or the zone. So daughter,

00:41:13--> 00:41:14

and

00:41:15--> 00:41:18

daughter that and sons daughter,

00:41:26--> 00:41:27

sons daughter,

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

no matter how many generations down in terms of the sons, so the daughter of the Son, son, or the daughter of the Son, son, son, and so on.

00:41:40--> 00:41:41

Three

00:41:42--> 00:41:45

daughter, sons, daughter, three, mother,

00:41:48--> 00:41:51

four, grandmother,

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

five,

00:42:00--> 00:42:01

grandmother,

00:42:03--> 00:42:10

both all of them, except, you know, we will come to the we'll come to say who,

00:42:11--> 00:42:15

so, three grandmothers will get so Amen.

00:42:16--> 00:42:25

And Amen, amen. No matter how many generations up home, it only means the maternal, the mother is the mother, no matter how many generations

00:42:27--> 00:43:09

the mother's mother, if she's connected to the deceased through mother's, it doesn't matter how many generations up, she will always get, you know, if, if there is no one below her closer to the deceased, who will you know, there is someone below her closer to the disease, if there is a mother the grandmother will not get. And if there is a grandmother, the great grandmother will not get because the grandmother would get the inheritance of the grandmother, and great grandmother will be blocked by her daughter, you know, because she is closer to the disease. And okay, but in general, we can have three grandmothers at the same time.

00:43:10--> 00:43:12

Okay. So

00:43:20--> 00:43:21

can you have three grandmother's

00:43:27--> 00:43:38

in the second generation in the you know, so, okay, so, the three grandmother's that would inherit together would be um, how have

00:43:40--> 00:43:44

the mother of the grave of the paternal grandfather? Come?

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

home?

00:43:49--> 00:43:50

home?

00:43:52--> 00:43:53

home?

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

Hold

00:43:59--> 00:44:05

on, can you have those coexisting at the same time? Yes. Can you have

00:44:08--> 00:44:10

fun also? Yes.

00:44:11--> 00:44:13

Okay, so,

00:44:14--> 00:44:16

everybody, reserve a Great, thank you.

00:44:18--> 00:44:19

So

00:44:21--> 00:44:24

you're laughing because my handwriting is not.

00:44:26--> 00:44:27

Right. So

00:44:29--> 00:44:48

this is a mother father. So the mother of the father's father, the mother of the Father, the mother, the mother of the mother's mother, the mother of the mother's father. This one is not going to inherit by the way.

00:44:51--> 00:44:58

Yes, because there is a man in the middle here, as the man in the middle will ruin it.

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

Why, because she is now connected to the deceased, not through a line of women, but she has connected there is like a man between two women, but whenever there is a man between two women, when it comes to grand grand mothers, it ruins it for them to have a man between two men or women in their connection, or their chain connecting them to the deceased, this will not inherit this one, inherit this one, inherit this one inherit, that is the only time where you can have three grandmother's inheriting all at the same time.

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

But you will, in this case, in this case, your immediate grandmother's have to be there. Right?

00:45:54--> 00:45:56

These are your great grandmother's

00:45:57--> 00:46:03

if you have one immediate grandmother, she will cancel them out, she will block them.

00:46:12--> 00:46:18

Yes, the two grandmothers would inherit and they will divide the inheritance among themselves.

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

And even there is a handy peculiarity here that the father's mother would inherit in the presence of the Father. The rest of them as I have will not allow this.

00:46:33--> 00:46:37

So is this scenario? Are you clear on this scenario?

00:46:39--> 00:46:50

Okay, so no immediate grandmother's here. And when you go one generation higher, you will have four instead of two, right? Four grandmothers, instead of to

00:46:51--> 00:46:55

the four grandmothers are

00:46:56--> 00:47:00

going to be the you know, come on.

00:47:01--> 00:47:02

Up.

00:47:04--> 00:47:04

So,

00:47:07--> 00:47:08

is that clear?

00:47:12--> 00:47:21

This guy's like, okay, you're here, you're here, you have a mother and you have a mother and a father, right.

00:47:23--> 00:47:26

Your father has

00:47:28--> 00:47:31

hopefully everybody has like a mother and a father right.

00:47:34--> 00:47:35

Okay.

00:47:36--> 00:47:39

And this is for a mother This is for a father you know that okay.

00:47:41--> 00:47:43

So, here

00:48:03--> 00:48:12

Okay. Is that clear? Everybody has like two parents, right? So you are you are the person here?

00:48:15--> 00:48:18

And suppose you die, God forbid, suppose you die.

00:48:20--> 00:48:21

Everybody will die. Yes.

00:48:25--> 00:48:26

So

00:48:27--> 00:48:33

if you die, and you don't have parents, you don't have parents.

00:48:35--> 00:48:53

Keep in mind that we're not know if you die, and you don't have a mother because the grandmother would inherit if you do not have a mother. If you have a mother, we're not talking about grandmothers, right? We're talking about grandmothers when the mother is not there.

00:48:54--> 00:48:55

So

00:48:57--> 00:49:00

but if the mother is not there, and the father is there,

00:49:01--> 00:49:23

the grandmother, women here, here and here. Both this and this were to inherit if the father is there, but the mother is not there. If she is not there, she would inherit and she would inherit even in the presence of the Father. That's according to whom honeyberries only

00:49:25--> 00:49:27

the rest of them will do what

00:49:29--> 00:49:39

will give all everything that this one to the mother is the mother. And they will say to the father, his mother, your son is here. He blocks you.

00:49:40--> 00:49:53

The ham daddies would say no, he will not block her because she is inheriting as a grand mother. And he the father will not block his his mother in this case.

00:49:55--> 00:49:58

The Cyclades from the first grandmother to be

00:50:00--> 00:50:11

To be given the one sixth by the prophets, a lot of them was a paternal grandmother in the presence of her son in the life of her son. Okay, so

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

now you don't have this mother, hen you don't have your immediate grandmother's all died this time this die, this die here

00:50:31--> 00:51:10

this is alive, this is alive, this is alive, this is alive, your great grandmother's are alive. Well, can this scenario happen in reality you it doesn't matter, we will have to discuss it because it is very possible that, you know, something could happen. You have all of your great grandmother's, and then an earthquake happens and you know, all your immediate family dies under the rubble and you have you know, the survivors are your great grandmother's. So if your mother died and your immediate grandmother's died

00:51:12--> 00:51:17

and you love to hear all those who inherits.

00:51:20--> 00:51:35

Okay, so this this will inherit, yes. Okay. So people that are coming through mother, so my a woman, woman, woman, woman, this for sure when and where? Woman, woman.

00:51:37--> 00:51:41

man, woman. Okay, good. You guys got it?

00:51:43--> 00:52:18

Woman, man, woman, woman. Yes. Woman, man, man, woman, yes. But if you have a man between two women, she will not in here. Because she has a man between two women. She is connected to the deceased by she is connected to the deceased by a chain that has a man between two women. She does not inherit

00:52:22--> 00:52:31

she will not inherit no matter what this this this lady here. She is not with us. She is not you know

00:52:35--> 00:53:11

she could inherit when? Yes If we get to the phase where we are given to other kinzua him. But we're not talking about this now. We're talking about designated shares and also bought residuary errs, clear everybody. Okay. So let's move on. So, grandmother, and then after the grandmother is always a daughter, sons, daughters, mother, grandmother, who else your your sister inherits or not. Yes.

00:53:14--> 00:53:17

And spouse wife

00:53:18--> 00:53:19

and

00:53:20--> 00:53:21

emancipator

00:53:28--> 00:53:29

emancipator.

00:53:30--> 00:53:48

And now, if you wanted to basically make it to the advise them a little bit more than you will say the sister could be your full your half on either side. So, three different sisters they will all inherit Sonny sisters would own inherent

00:53:55--> 00:54:01

three sisters full and half, maternal half and paternal half.

00:54:03--> 00:54:15

Yes, all will all will inherit, but they inherit in different ways that we will come to talk about when we divide the sisters inheritance. Now, having said that,

00:54:16--> 00:54:26

whenever you divide the inheritance if anyone if anyone tells you he left behind, you know his

00:54:27--> 00:54:37

his sort of maternal uncle, and he left behind his daughter's daughter and he left behind his

00:54:38--> 00:54:59

father's maternal brother. And he just removed all of that. We we have to that that's that's extremely important. You have to first in know who were who is with us here. Before we talk about who is going to be blocked who is going to get we will have

00:55:00--> 00:55:38

First know who's with us here, Who should we basically include in this sort of masala and these are the heirs that will get designated chairs or residuary errs, no one ends. So, keep that in mind. Now imagine, Rahim Allah would want to tell us about the heirs who will get designated chairs, the heirs who will get designated chairs who's going to get designated chairs, he said 10 and we can mark them here your son,

00:55:41--> 00:55:43

know, your sons sons

00:55:45--> 00:55:48

know, your father, yes.

00:55:50--> 00:56:19

Even though your father will get a designated chair and sometimes your father gets designated chair and there is and he is very, very rare. And that you know, that is the only time you inherit like by both methods designated in residuary and if your mother or if the mother who is who is the

00:56:20--> 00:56:26

the mother of the child who has been denied by the father also could get that

00:56:32--> 00:56:39

and the same will apply to the grandfather anything that applies to the Father applies to the grandfather. So, the grandfather,

00:56:41--> 00:56:47

one of the people will get designated chairs, yes, the brother gets designated chair

00:56:48--> 00:57:02

now, the brothers sons get designated chairs know, the uncle, know, the uncle sons know the husband. Yes.

00:57:03--> 00:57:06

The emancipator know

00:57:07--> 00:57:12

resident residuary raises WHERE IS WHERE IS WHERE IS WHERE HE IS various way.

00:57:13--> 00:57:13

Okay.

00:57:14--> 00:57:17

The daughter? Yes.

00:57:20--> 00:57:24

They sons daughter. Yes.

00:57:26--> 00:57:46

The mother? Yes. The grandmother? Yes. The sister? Yes. The wife? Yes. The emancipator? No. So most of them are women

00:57:47--> 00:57:49

that are getting designated chairs.

00:58:02--> 00:58:04

The maternal half siblings, yes.

00:58:05--> 00:58:23

So that's Yeah, because we did not here we did not divide this. But in terms of the sister here, the maternal half and the brother here the maternal half, these will get designated chairs

00:58:32--> 00:58:36

Okay, the sons will make room for themselves.

00:58:37--> 00:58:46

Because who are the people who will always inherit, who are the people who will always inherit, always inherit?

00:58:50--> 00:59:08

spouses, parents, and children, spouses, parents and children. So, the wife will always inherit. So let us make this like a star like this. Always inherit, the husband will always inherit.

00:59:11--> 00:59:14

The son will always in here,

00:59:15--> 00:59:18

the daughter will always inherit.

00:59:19--> 00:59:23

The mother will always inherit.

00:59:24--> 00:59:38

The father will always inherit. So they will always inherit. How are we saying that the sun is always inherent when we are saying he's a residuary meaning he gets better remaining.

00:59:41--> 00:59:59

He's not he's not a designated chair. Err. He's only also better as it were here. So he gets what is left and those who get what is left. They will only inherit if there is something left. Right. So the uncle would inherit if there is something left the brother

01:00:00--> 01:00:14

Except for the maternal brother, the maternal half brother, the designated chair and the maternal half sisters has a designated chair, but the brother in general full or paternal will inherit only if there is something left

01:00:15--> 01:00:21

emancipator only if something that he will you know, sorry this is where he is only if something is left

01:00:23--> 01:00:29

the sun suns only if there is something left the immediate Sun

01:00:32--> 01:01:24

is right here also. So, only if there is something left Yes, but there will always be something that because he will block everyone ends either Herman you know or an axon has been had manner has been axon, complete blockage or partial blockage, complete blockage all the residuary errs will be blocked by the sun. No uncom No brother, you know, brother that is here for paternal? no uncom no on concerns No brother sense, you know, and stuff like that. Everybody here will be completely blocked. They're not going to inherit, okay. What about the people who will not be blocked, he will

01:01:25--> 01:01:30

potentially block them, the husband would have getting would have gotten what

01:01:31--> 01:01:35

half the sun would reduce him to one quarter

01:01:37--> 01:01:40

Okay, the sun would reduce him to one fourth.

01:01:43--> 01:01:49

The father would have been arrested to marry the father in the presence of the sun is not a residuary

01:01:50--> 01:01:55

the father will be limited to one sixth in presence of the sun, one sixth,

01:01:56--> 01:02:00

the mother in the presence of the sun will be limited to one sixth

01:02:02--> 01:02:05

in the presence of the sun will be limited to one sixth.

01:02:08--> 01:02:18

The daughter in the presence of the son does not get a designated chair, she shares with him. So she moves now to be in a hospital

01:02:19--> 01:02:29

to be in court, residuary Air Corps is a dirty air, she does not give the one half she moves to get to be cool residuary here,

01:02:31--> 01:02:32

if there is a son.

01:02:33--> 01:02:48

So, now, how many people can inherit in his presence, the father will get one sixth, the mother will get one sixth, that is one third, the husband will get one fourth,

01:02:50--> 01:02:56

one fourth, is natural or wrong. Okay, so one third, one fourth is what?

01:02:57--> 01:04:01

Make the denominator 12 when you see a four and making the denominator cfrn sum the answer me the denominator 12. So that would be seven over 12 512 will have to remain, would have to remain. And since the daughter now does not get a designated chair, she becomes a chorus it's very air of a bit of if he and his brothers and sisters will share the five 12th among themselves. Now, if there is 20 of them, they share it, what can we do? They just have to share it. So that does that mean that the mother will get more than that than the son? Yes. In this case, the mother will get more than son, he left 10 sons, you know and five daughters, they will be squeezed into this, because the mother

01:04:01--> 01:04:06

would get her one sixth no matter what. The father will get his one six no matter what.

01:04:07--> 01:04:21

And the husband would get his one for us no matter what. So, those seven twelves we can touch the designated chairs. And the prophet SAW some of them said happen for either the

01:04:23--> 01:04:23

locker

01:04:25--> 01:04:46

so give the designated chairs to those these deserving of them. And whatever remains is for the closest male relative. And here it will be the male relative and his sisters who will be closer residuary heirs will be cool residuary heirs.

01:04:47--> 01:04:59

So that is the story of the son. And that's the story that I just said to have like a little bit of sort of concept of the difference between residuary and designated shares.

01:05:00--> 01:05:17

For the NTC ta c or residuary errs, they only get what is left far they will get their designated chair no matter what. Now, as hobbled food, people with designated chairs can be blocked

01:05:19--> 01:05:37

or not? Yes. And if the blockage could be complete or not, yes, because the sister is is entitled to a designated chair can be can the sister be completely blocked? Yes. Can we Mattern and

01:05:38--> 01:05:43

maternal brother be completely blocked? Yes.

01:05:44--> 01:05:48

Even though they are entitled the designated chairs, so.

01:05:51--> 01:06:17

But the people who will not who will never be completely blocked, can be the be partially blocked? Yes, that the husband or the spouse can be partially blocked? Yes. If there are children, the husband gets demoted from one half to one quarter and Hawaii gets demoted from one quarter to one eighth.

01:06:18--> 01:06:55

Can the parents be partially blocked? Yes, the father will be demoted from taking the rest to as a residuary heir, to take in 1616 and the rest if there is like a daughter if there is a female descendant of the deceased female descendant of the deceased, to getting on the one sixth, if there is a male descendant of the deceased am a descendant of the deceased. So

01:06:56--> 01:06:57

but that's the story.

01:06:59--> 01:07:07

And residuary heir does not necessarily mean a weaker heir. Because the son is not a weaker err.

01:07:10--> 01:07:24

That is why the scholars disagree over who is what is stronger policy, or foreign designated chairs is stronger orthos even stronger, some scholars say passive is stronger.

01:07:26--> 01:07:58

And some scholars say as hobbled fruit are stronger. But we don't have to get we don't have to determine who's stronger. That's the that's the basically the story. And that's how we divide things and not every residuary errs will get their remaining, if there is something remaining, because the sun in particular will always have something remaining. So, there is no if here, but aside from the sun, aside from the sun

01:08:00--> 01:08:13

residuary heirs get the remaining if there is something remaining that's including the father, because the father would get the remaining if there is something remaining

01:08:14--> 01:08:24

because he does not have the power of the son to block block block you know, the father would not be mowed the husband from one half to one quarter

01:08:25--> 01:08:51

you know, the presence of the father would not be mowed the husband. So, he does not have the power of the sun. Therefore, he will get the the remaining if there is something remaining there is that contingency, the son unlike the rest will have the power to block people to ensure that something remains for him and his brother and sisters or, you know, assistance.

01:08:56--> 01:09:00

You know, I really wanted to cover more than this but

01:09:01--> 01:09:06

you know next time we'll start with the husband and the wife with the spouses.

01:09:07--> 01:09:11

We will next time Next time we will be we will be talking about the

01:09:12--> 01:09:38

inheritors with designated chairs, the inheritors with designated chairs, the 10 inheritors with designated chairs are the maternal siblings, maternal siblings, in addition to the six women and these three men, husband, father, grandfather, three men, six women, daughter, sons, daughters, mother, grandmother, sister, wife.

01:09:40--> 01:09:41

And

01:09:43--> 01:09:46

as we said, the maternal

01:09:48--> 01:09:59

siblings, maternal brothers or sisters will also have a designated chairs that's what we will be discussing next time inshallah, we'll probably have a start with a lady overcomes chronic lung violence.

01:10:00--> 01:10:00

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