Fiqh of Inheritance #5

Hatem al-Haj

Channel: Hatem al-Haj

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Fiqh of Inheritance – Continuation of 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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Come to the LA salatu salam ala rasulillah

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to proceed, today we are going to cover

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the rest of the book of inheritance today and next Saturday inshallah

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Allah Do you remember what we covered in the past?

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We covered the book of Messiah we ended the book of bequests, we ended the and we said

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you remember we said what goes out first what goes out this burial expenses you know funeral and burial expenses would go out first liabilities and debts will go second

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bequests Messiah would go third. Now, we are in miraz Last time we talked about the

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the heirs or the inheritance and we said that there are 10 men and seven women and we can break this out to 15 men and 10 women or you know divided into 15 and 10 and we said that 10 of them 10 of the 25 will have designated chairs and now the chair will talk about the designated chairs Do you think we need a quick review of the inheritors that 25

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Okay, so

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so that son

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the sons sons,

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the daughter

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the sons daughters

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are the sons daughters.

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The father

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the grand father,

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brother,

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no, we will save the husband for now.

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Brother

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and then uncle

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and then the uncle son and and then I will have

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mentioned what I mean by uncle and Uncle son.

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Yes, the brother son.

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Yeah, we'll put the brother son before the Uncle

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punko

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punko

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songs.

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Yeah, so, the husband and the emancipates are coming, I'm just gonna put them okay. I'll put them here.

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These are the main inheritors. So 1-234-567-8910 How can we how can we divide them into 15?

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A brother his three brothers

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right. So this is the full brother the paternal and the maternal.

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paternal maternal.

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The brothers son is

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okay, the son of the fall brother and the son of the paternal brother, not the son of the maternal. Okay. The ankle, which article are we talking about?

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The phone and the paternal paternal uncle means, you know paternal In this sense, means what? Because we're only talking about the paternal uncle. The problem is the word of uncle itself could mean harm or harm. But we are already already only talking about the term of uncle which is alarm and often hard, okay. But when we say return and here, it means that this paternal uncle, my father is a brother

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He is my father's full brother or my father's paternal brother in the sense that they have the same father, but not the same mother Okay. And then the uncle son these are the sons of which uncle four and P four full MP FMP footfall and paternal not the uncles, not the sons of the maternal uncle and not the sons of

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the maternal know that the sons of the uncle who is my father is a brother through

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the maternal side, okay. So, now that we have done this, okay. So, now, we have how many more 12345 we have five more that makes this side how many

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15 So, it is then you break them down to 15 this side, daughter, son's daughter's mother,

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grandmother,

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sisters

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12345

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why front emancipator?

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emancipator,

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Dan Martell,

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the emancipator who wants to break it down to 10

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How do you break it down to 10

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the grandmother the break it down only we said the breakdown of the grandmother before is three, but here we will break it down only to two. So, we will say the grandmother through the father or the mother. So the maternal and the paternal the maternal and the paternal. But you do know that in a row in the Mazda it is we saw before

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that I drew it before, but it is the mother of the mother, the mother of the Father, the mother of the grandfather, that's the paternal grandfather and any mother they're after all the way up. So,

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so if this is the the season

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so this is a mother

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father

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mother,

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father,

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mother,

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father,

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mother, father,

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mother,

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father,

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mother, father,

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mother,

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okay. So, here is that this is east, which grandmother will inherit this is the mother's mother right? She doesn't here

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this is the mother's This is the father as a mother that she inherit Yes, the mother the father, his mother inherits even in the presence of the Father according to the honeyberries but not according to the

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CNRS okay. So, the mother is the Mother, the Father, his mother, in addition to this, in addition to this, them the mother of the paternal grandfather, whereas the paternal grandfather this right, this is the paternal grandfather, the father of the Father. This mother inheritance

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okay.

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So,

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who is who's not going to inherit here?

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This, Okay, wait a second.

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We want a man between two women. This one

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Okay, this one is not going to inherit. This would inherit and this wouldn't hurt. But why do they say Why? I want

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to focus on this, this and this. So, this is the mother's mother, this is the father's mother and this is the paternal grandfather's mother. Because if you focus on those three

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there after any grandmother connected to any of these three through women only when inherent, so going up here, all the way

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okay? Going up from here, all the way through women going up from here all the way through the women going up from here all the way through the women, so

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that the mother okay. So the mother of the mother of the mother of the father of the father of the deceased.

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So suppose here like from this, I have M and F, and here

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and F, okay. Is this one inherent?

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Yes. Why? Because it is connected to one of the three grandmothers is through mother's only

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Mother, Mother, Mother, even though there is two fathers here, but those are the two immediate father, the father and the grandfather, the two immediate ones, father and grandfather. Okay, that's not clear. That's clear. Good. So the grandmother here we divided the grandmother into two. Now the sister, how many sisters, three, four,

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maternal and paternal and maternal, for paternal and maternal.

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So, how many did we get more here? 123327, you have 10 women, right? So 15 men and 10 women, but you could convert this into 10 men and seven women and then you could expand them into

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or break them down into 15 men and 10 women?

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Who is asaba? And who is who gets a designated chair, let us identify the 10 who will get designated chairs. And the rest will be about the 10 who get designated chairs who gets a designated chair?

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Because the answer back would be a little bit more complex

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than Okay, so who gets that? We're not talking about that. But now we want to talk about designated chair and then we'll get designated chairs.

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Let's start by the women because most of the women get designated chairs who have the women does not get a designated chair

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does not you know we don't want to cross it. But instead, we will say the wife will get the designated chair. The sisters would get designated chairs. That grandmother would get designated chair, designated chair,

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designated chair, designated chair. We have six women six out of seven aren't getting designated chairs, who was given designated chairs out of the men, the son, the son, the Son Son,

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the father, yes, although he will also get you will also be arrested. You are here asaba but he will get a designated chair. In certain cases. Grandfather, yes.

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Brother.

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This one way to get the designated chair, the maternal brother gets a designated chair, brothers son.

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Anyone once? No, No brother son will get designated chairs. Uncle? No, no. Isn't he on concerns notice no chairs husband? Yes. So how many men here are getting designated chairs, father, grandfather, maternal brother and husband. So four men, six women are getting designated chairs. Now the chef will start to go over the different scenarios for the people who will get designated chairs, different scenarios for the people who will get designated chairs. He starts by the husband and that's what you always starts by the spouses. That's what you always want to start by, in resolving any sort of inheritance problem. You always want to start by the husband or the wife, you

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know, depending on the spouse.

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So why because you get them out of the way. They're easy and they are in

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Not going to be with us in rod which is redistribution of the excess redistribution rod, they are not going to be with us and rod and they are easy and just get them out of the way. So for the xlg on this favor me I could live in Canada federal Robo Robo we're headed in Canada is that America, in Canada who voted for someone, for the husband, one half of the estate of the deceased has no inheriting offspring.

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For the husband, one half of the estate of the deceased half of the deceased has no inheriting offspring. If she has inheriting offspring, he gets one quarter.

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See, the wife is entitled to one quarter whether there was one wife or four, if he has no inheriting offspring, if he has inherited and offspring, then the wives are entitled to one eight. So the husband and wife are very easy, because we the designated chairs, the designated chairs are what what are the designated chairs and chairs.

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Two thirds, and half of this is one third, and half of this is one sixth, and one half, and half of this is one quarter. And half of this is one eight, these are all the designated shares in China there is that's it, these are the designated chairs, two thirds, one third, one sixth, one half, one quarter, one aides, the two thirds are only given to multiplicity.

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So they're given to two or more daughters, two or more sisters, two or more sons daughters in the absence of daughters,

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and the sisters, two or more full sisters, two or more paternal sisters in the absence of full sisters. So two thirds are only given two multiplicity, but one person, one person alone can only get what, one third, one sixth, one half, one quarter or one eight, but these are the designated shares in Sharia. So, the husband and the wife are very easy, because the husband

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they are limited to this group, because this is one group and this is one group.

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These are two different groups, they are limited to this group. So that husband gets one half if the wife has no inheriting offspring, what were this

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so or for our wireless

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so if the wife has no inheriting offspring,

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why do we say inheriting offspring and why we say whether or not because revenue would be made, why that would be either male or female.

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So while it does not mean male, while it means either male or female, then to mean female. You know offspring. Ebner will be made offspring. Well, it will be just offspring. But we have inheriting the offspring. Why do we have inheriting offspring? Because some offspring are not inheriting?

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Your daughter's kids do not inherit

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their offspring they What are they you are what they are you what are they? You're our harm. You're that we are.

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They are yours our home when they inherit as our rahem if we come to this discussion later, yes, they will inherit as our Ram when we come to this discussion later, and I will inherit according to the Hanafi and honeyberries. Not the medic is our salaries.

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But they don't inherit they don't have designated chairs they don't inherit as residuary heirs, or as people have designated chairs. So inheriting office spraying means what

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your immediate sons and daughters

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and anyone who's connected to you through means that regardless, no matter how low down in the chain they are or how far in the chain they are.

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And

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the daughters of your son.

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That is, no matter how far in the chain they are.

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So been to Edna Eben, the daughter of the grandson, the daughter of the Son, son, that she inherited. Yes.

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She is a she and inherited golf spray. Yes, the daughter of the Son Son, he had inherited offspring. Yes. So that is we keep in mind because in this

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one of the things that are extremely important about this science is that, you know, other sciences, you can you say, you know, some people have had some peoples have had arm some people said McCrone and some people said, Mr. hub and so on. And you get away with this, because most of the time, you will find someone who said something that is, like, you know, and I don't mean, it doesn't mean that I condone this, you know, practice of fatwah, but I'm just saying that most of the time you get away with it, because you will go back and find somebody who said something like what you said, but here, you know, these are numbers. So you get anything wrong, is a zero sum game, it is all or none, there

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is no nothing like you know, you know, I, I got it down pretty well. No, you have to master it

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or not, he just pretty well does not work here, because any mistake will ruin the whole thing. So, very precise terminology the order to use in this regard. So and if you remember the precise terminology, and you remember what it means, inshallah you will define. So when we say the spouse in the absence of a father awareness, in the absence of one added, whereas in the absence of the children, who would inherit, just remember this inheriting offspring.

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In the absence of inheriting offspring, the husbands will get one half in the presence of inheriting offspring, the husbands will get one quarter, in the absence of inheriting offspring, the wife will get one quarter in the presence of inheriting one spraying, the wife will get one eight. And that is regardless of the number of wives that is regardless of the number of wives. And as we I said before, you want to be kind to your wife, be kind in your life, share in your life, you know, right things, divide things in your life, put a makeup trust in here, name in your life, all of that stuff. But once you die, that will be the division.

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So and this would be an opportunity for people who want to protect their wives and the future of their wives to recognize that that once you die, she will only get one eighth, and your kids will get the rest. And if you want to make sure that your wife does not get kicked out of the home or something of that nature, make revisions. Now, when you're alive. That's it. I said, Okay. So now that that, that we set this, which Why are we talking about

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and which has been are we talking about?

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Let's say you got contracted?

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You know, you got contracts, but you're consuming the marriage next year, you will you will get wet next year, but he's got contracts with this year, because you're both in college and you know, you don't, you're in college. So

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and then, you know, one of them dies,

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the inheritor they don't

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that's almost a consensus that they don't know. Almost because some people said they do. They don't. They do. They're absolutely.

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Absolutely. You know, once once

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you say I do.

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They're, you know,

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they are a wife and a husband contract is not contract, they are a wife and husband, they inherit from each other. Now,

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if that wife

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then I say that wife, you're contracted.

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Things did not work out.

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And you divorce her.

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She inherits the and then you die. You say you're divorced, and then you get like, sort of so upset and you have like brain hemorrhage. You go to the hospital nearby.

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She inherits

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Someone is saying yes and someone some people are saying yes and some people are saying no, no she does not. Because she doesn't have a height that is she we have not considered consummated the marriage yet. And it met who will be at the higher end McCool they had

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you know the woman whose marriage has not been consummated does not observe a waiting period. Therefore once the marriage happens see a ban. She is finally divorced, finally divorced. The divorce see that would inherit whether it is man or woman is Roger area is the finalize the divorce

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and finalized he'll back in which is finalized divorce is bad and which is finalized divorce does not inherit except in certain cases of the wife the husband actually divorced her to get you to basically deprive her of inheritance. This is a different scenario as a punishment for him. But let's avoid that scenario for now. And bear in

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the woman who the in the case of finalize divorce, finalized divorce what is when does the divorce become finalized?

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Divorce is finalized.

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Okay,

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teach me one.

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They are

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so finalized if the if they are contracted, but before consummation before the wedding, vironment 400.

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Okay.

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After that the ends it's becomes finalized that been after that dance after that dance.

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The courts and the court enforce divorce is bad in the sense that he cannot return the her but she will have to observe that she still has to observe that.

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So I'm finalized the divorce is before the ends in the first or the second the divorce

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before the ends in the first or second divorce.

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Have a woman who has been with

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any finalized the divorce. She does not inherit, he does not inherit and finalize divorce rodri. She inherits he inherits whoever dies first the other one would inherit from them.

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The contracted inherits

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that contract it inherits as long as they are married. But as we said the contract who gets divorced the divorce becomes finalized

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immediately.

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is

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one minute in company anthem Asana.

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Asana from Allah Kumara

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Yata Duna

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when she inherited half of her mom

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Yeah, she hasn't. What? No, wait a second. He dies. She takes all of her mom.

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She takes all of her mom if he dies, after being after the contracted whose husband dies. takes all of her mind.

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He died while they're married or died after he divorced her.

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While they're married, she gets a hold of her mom.

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She is entitled to half of her money if he divorces her. She's entitled to half of her money.

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If he divorces her

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before consummation

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yes

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or no for you?

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Frieda

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finnis Masato mela via de Tunica, Juan de Fuca taco

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Fredo Matera one Alamosa, Colorado,

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Matamoros takahara Marcin

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lemon probably Anthony soon never cut for too long. Reba

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Li una de Vaca Tunica Juan de Fuca taco

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in a loving

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So, here Allah subhanaw taala says that there is no wire we get into the family. Okay. Here Allah subhanaw taala says that there is no there is no there is no harm on you if you divorce women

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before you

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consummate the marriage with them

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or designate a designate a dowry for the

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man after Sony did not consummate the marriage, how to fit on Africa and he did not designate for either or a dowry for them. In this case, women do not

00:31:14--> 00:31:16

Colorado Matamoros, Canada masini

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in this case, she will be entitled to what motor which is the sort of bereavement to give she is entitled to her bereavement to gift the motor, because you have not

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consummated the marriage and you have not designated the dowry.

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Now when Dr. Mohammed company anthem so when

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and if you divorce them before you consummate the marriage, yet you have designated the dowry for them. Finance for more

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than half of what you have designated you will be entitled to half of what you have designated Himalaya for now we are further divided

00:32:03--> 00:32:07

into four quadrants on Fabiana exceptive. They

00:32:08--> 00:32:28

basically give up their right if they pardon you, or you pardon them, or the Guardian pardons you. They are the Guardian pardons you or you pardon them, you pardon them, meaning you give them the full, they pardon you meaning they give up the half. So

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but this is not what we are here for completely where we're getting into the gallery and either now, what we wanted to get out of this is one thing, if you are contracted and the husband dies, then has

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decreed she will inherit him. She will get the inheritance she would inherit from him, and she will be entitled to her dowry as well for dowry. If you're contracted, and he divorces her, then we have one of two scenarios that he designated them that he designate a monitor for her or he did not designate them. If he designated a monitor for her. She takes half of that if he did not designated a monitor for her. She's entitled to the bereavement to give to Oregon water is not clear. What concerns us here is one thing is that who are the zones and the Zelda who will inherit the ones in the ones who are married now hand the divorcees in unfun and finalized divorce. The ones who are

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married still married, and that never sees in palapa Jerry in an finalised divorce

00:34:01--> 00:34:26

these are the zoutons out that will inherit now the xojo that the Zeldin in this case will get half if there is no inheriting offspring will get quarter if there is inheriting golf spring does our job we'll get a quarter in the absence of inheriting offspring and we'll get one eighth in the presence of inheriting half spring.

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

Okay, because this is what I said and

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that's first number 12 interrupt me sir.

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And body a new scenario they

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were born in Morocco milania Kala Kumara encanta la Kumara Donna tsunami, Mata, rectum and body was eaten

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

Sooner

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when cannot

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and cannot for American pharmaceutical

00:35:10--> 00:35:12

use have been ordained by Ramadan seminoma

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so welcome Miss Marquez, why did you come in let me know that you are entitled to have of what your spouse's what your wives in this case leave behind.

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If they have no word offspring, meaning inheriting offspring

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in Canada who never read and if they have inheriting offspring for that matter, you are entitled to one quarter of their what they leave behind of their estate

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while roaming metadata Middle America de la Kumara and they are entitled to one quarter of what you leave behind if

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you have no offspring inheriting offspring

00:36:06--> 00:36:08

thing kind of like one or two

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and if you have inheriting offspring than they are entitled to one eight of what you have left behind

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and then the rest is about the maternal brothers and sisters the maternal siblings.

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So then the wife and the husband in this case we are done with the wife and the husband

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we are done with the spouses Should we take a couple of

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couple of inheritance problems.

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So we have

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wife

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

mother

00:36:59--> 00:37:00

and

00:37:02--> 00:37:03

sons daughter

00:37:07--> 00:37:12

command bye died and was survived by his wife his mother and his sons daughter

00:37:13--> 00:37:15

okay divided

00:37:19--> 00:37:25

man died and was survived by a wife a mother and his son's daughter

00:37:28--> 00:37:31

the wife gets one quarter

00:37:32--> 00:37:35

one eight, what about the sons daughter?

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

When you said inheriting offspring, is she and inheriting the offspring for Rs she is

00:37:49--> 00:37:50

what does the mother get?

00:37:52--> 00:37:56

One six, we then cover the mother yet but why does she get one six

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

okay find our way

00:38:03--> 00:38:05

What does the sons daughter get?

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

One half

00:38:12--> 00:38:17

What do we have now? There will be a lot than this massada redistribution.

00:38:19--> 00:38:25

But anyway that is a chapter by itself. So, we you know,

00:38:26--> 00:39:11

we are saying that there is no residuary air here No, no no main relative that will take there is a residue or the rest or the remaining for the remainder. So, if there is not a no residuary here, here, there will be there will be redistribution, because one eighth and one sixth is what like if you want but once you have eight go to 24 So, this will be three over 24 this will be for over 24 this will be 12 over 24. So, 16 three would be 19 over 24. So, you still have five over 24 unclaimed by anyone, this will be hurried

00:39:13--> 00:39:16

or redistributed redistribution case. So,

00:39:18--> 00:39:20

and we are running out of time very quickly

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

which is a problem that I expected.

00:39:26--> 00:39:27

Okay.

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

Questions about the inheritance of the spouses.

00:39:42--> 00:39:50

spouses are clear one half, one half and one quarter, one quarter and one eight. And

00:39:55--> 00:39:56

what

00:40:03--> 00:40:06

will be redistributed between whom between everyone.

00:40:08--> 00:41:01

Every inheritor is entitled to redistribution except to the two spouses. So the spouse says that is why the spouses will will begin with the spouses first, because that is it for them. It is a no brainer, the spouses are no brainer. Like they get why they the husband gets one half in the absence of inheriting offspring. The absence gets the husband gets one quarter in the presence of inheriting offspring. The wife gets one quarter in the absence of inheriting offspring, the wife slash wives will get one eighth in the presence of inheriting offspring. inheriting offspring is your sons and anyone connected to you through sons only your daughters as well as your sons daughters, and the

00:41:01--> 00:41:20

daughters of any son that is connected to you through sons only. These are your inheriting offspring, you are Zelda or Zelda and you deserve to get the inheritance if you are in fact still married, or if you are divorcees in and finalize the divorce

00:41:21--> 00:41:24

clear the husband and wife move on.

00:41:29--> 00:41:47

Then the safe now we will talk now about Okay, so next is the inheritance of the father and the grandfather hi would actually defer these until the end because the inheritance of the grandfather with the info according to you know, the this

00:41:49--> 00:41:53

this hand variable position which is the authorized view and the Hanbury method

00:41:54--> 00:42:32

is complicated. So we will come back to it after we know everybody what everybody else will get. But before because the grandfather is like the father in many respects, we will defer both the father and the grandfather until the end. Now we will move right on to the mother, the inheritance of the mother. So the mother has four different scenarios. She says, first, what is only our Barbara where subsection the mother has four possible situations handled the hazardous way.

00:42:33--> 00:42:36

How would his name for cyber equity? Well,

00:42:39--> 00:42:51

she gets one sixth in the presence of an inheriting offspring or two or more siblings, either male or female. We hadn't thought about the fact that Jane

00:42:53--> 00:43:42

had as Lj, she gets one third of the remaining estate, not one third of the money one third of the remaining estate after subtracting, subtracting the designated Chair of either spouse that's in the presence of the Father and one spouse will highlight that man when a female she gets one third of the entire estate in the absence of the above. We're having trouble with regard to Herman fee and below and what are the Zener for Turku also batten the hoof elantech when possible to have. The fourth condition is when her child has been denied paternity by the iron. That's a mutual invocation of Curse of curses, public implication whatever you translated us, or was born of fornication, in

00:43:42--> 00:43:53

which case she becomes the child's residuary heir haute-savoie. If she is not alive at the time of the child's death, then her residuary heirs are her child's

00:43:54--> 00:44:03

her own residuary errors are her child's reservoir years. So the mother, the mother, in this case, what does the mother get?

00:44:04--> 00:44:05

Okay.

00:44:06--> 00:44:22

Let's go to the verse number 11 of Surah Nisa you see come along for that theoretical executive Mr. Hassan's insane insane focus 911 attack when Canada heterophylla and this will be avoided equally metallic in Canada wanted me

00:44:23--> 00:44:29

to meet in Canada who fo for the only suitors in New cpld

00:44:32--> 00:44:35

macroblock fritatta Mila in America not even hacking.

00:44:41--> 00:44:42

So

00:44:45--> 00:44:59

for the harness 40 EVO at the minimum man so this this verse says that, okay, you see come off your academic vein or like you know enjoins you concerning your kids for the male to

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

You know, twice

00:45:02--> 00:45:11

as much as much as the female, or, you know, two chairs and for the female ones here, they couldn't focus on it any further.

00:45:12--> 00:45:38

So if they are daughters, the more if there are more than two daughters, they're entitled to two thirds of the estate that are not sort of thrown out or like they are entitled to two thirds of what he had left behind when two thirds when cannot we're headed for the handedness and if she is one if she's one daughter, then she's entitled to one half what he avoided equally fondness for

00:45:43--> 00:45:46

a surgeon so Metallica in Canada who wanted me

00:45:48--> 00:45:53

to Mr. US and Canada, who are the only students by yourself, can you see me how they

00:45:54--> 00:45:59

so correct me if I make any mistake in the Quran? Because you have to? Okay.

00:46:00--> 00:46:03

So the so

00:46:05--> 00:46:06

okay.

00:46:07--> 00:46:22

Finally, for the hardness. If she is one daughter, then she's entitled to one half and for his parents for the whatever he had in Houma, has citizen metallic, every parent is entitled to one sixth of what he had left behind.

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

In Canada, what if he has children? For me, what is the only installers and if he had no children, and He was survived by his parents and his parents inherit him?

00:46:42--> 00:46:50

Then his mother would be entitled to answer and I will tell you why the father was not mentioned here, his mother will be entitled to one third

00:46:51--> 00:46:59

for in Canada with where but if he has multiplicity of siblings, if he has siblings,

00:47:02--> 00:47:11

then for the army service, then his mother is entitled to one sixth. And this is after bequests. And that's minvalue cF n UCB Howdy.

00:47:13--> 00:47:32

So after bequests and liabilities and this, so now the area says to us that the mother, the asset was one, two things about the mother, one sixth, and one third, write the answer to us, the mother would get one sixth in the presence of

00:47:34--> 00:47:37

hand far away, which is inheriting the offspring.

00:47:45--> 00:47:54

And G, because you have to remember what inheriting offspring means otherwise, every time we repeat it, we will have to explain it and will be a problem.

00:47:55--> 00:48:01

Okay, so then what is the other situation where the mother gets one sixth?

00:48:06--> 00:48:07

Two or more?

00:48:09--> 00:48:10

siblings.

00:48:11--> 00:48:12

Okay.

00:48:13--> 00:48:16

So when does she get one third according to the

00:48:18--> 00:48:20

absence of the above

00:48:25--> 00:48:31

absence of two or more siblings, so if there is one sibling she gets one third

00:48:32--> 00:48:35

and absence of any inheriting offspring?

00:48:37--> 00:48:40

She gets what? One third?

00:48:41--> 00:48:46

What are the two scenarios the other two scenarios that she came up with?

00:48:47--> 00:48:54

Are they mentioned than they are? Now they are not. Where are they coming from? They're coming from

00:48:56--> 00:49:19

the one scenario is called Alexandra Waikato or Maria or whatever it is called because it is famous was called Avaya or Maria because it is Amara, the other one who who adjudicated this particular case. In this case, if the father and the mother are both present,

00:49:20--> 00:49:36

you know, if the deceased was survived by his two parents, and one spouse, two parents and one spouse, wife or husband, so the deceased was survived by husband.

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

Mother.

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

Father.

00:49:45--> 00:49:47

What does the husband get?

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

One half.

00:49:53--> 00:49:56

Why does the husband get one half

00:49:57--> 00:49:59

no inheritance, offspring.

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

Okay because that is the only condition for the husband and the wife is their inheritance offspring are not inheriting offspring he will get one half he will get one quarter okay. So, the husband gets one half okay. So, the mother now what does she get

00:50:20--> 00:50:23

one third why

00:50:25--> 00:51:26

no inheriting offspring and no siblings okay. So, what does the father get the rest, what is the rest? Because that is you know, there is no inherent in Gulf spring This is the father is treated in this case as we will come to discuss as residuary here only, he is not treated as a sort of zoofari designated chair, or an heir entitled to designated chair in the absence of in the absence of any inheritance offspring. The father is treated as a residuary heir only meaning Gaza, meaning he takes the rest, he's not given any designated share. Okay? In the presence of female inheriting offspring, the father will be treated as both the Empire seen, but here there is no offspring. So the father

00:51:26--> 00:51:29

gets the rest. The father gets one sixth. Okay.

00:51:32--> 00:51:32

One six

00:51:35--> 00:51:37

No, I want you to start your math before you come.

00:51:42--> 00:51:42

Because

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

no, one does the I say

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

you

00:51:54--> 00:51:55

don't say anything.

00:51:57--> 00:51:57

In Canada.

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

In Canada what fella Nicola, what why do you fairly own me as soon as they did say anything about the father failed?

00:52:09--> 00:52:29

And if he has no children, and has parents inherited him, his mother is entitled to one third. didn't say anything about the father? No, why? Because the father in this case will be Harris's jewelry errata he will take the rest, he will take the rest.

00:52:30--> 00:53:19

But in this particular case, the rest ended up being less than the mother's. And this is unusual, because the you know, the father takes like the mother or twice like the mother, but it does not take less than the mother. So this is unusual. So this was presented to Amara de la on who and Amara de la who said that haftar the armor gave her one third of the remainder, remainder, not one third of the estate, one third of the remainder remainder after what? After we give the husband his designated chair.

00:53:21--> 00:53:23

And the father got

00:53:24--> 00:53:29

two thirds of what the remainder

00:53:37--> 00:53:43

Yes, but then when you but then that Allah subhanaw taala left to certain

00:53:44--> 00:53:49

scenarios to be resolved by the Sahaba for the purpose of

00:53:51--> 00:53:57

teaching us about it's the hub in resolving conflict in the you know, and using

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

sort of reasoning

00:54:02--> 00:54:03

that is use it using reasoning.

00:54:16--> 00:54:48

Yeah, because the sort of the the established the ongoing the established default is that the father gets the same or more and if we are confronted with one case, where the father now is getting half then we will have to basically resort to the ongoing this sort of established, Crider or Maxim and reconfigure this case where the father will get

00:54:50--> 00:54:59

more. So it becomes one third and when the because honestly you know, most of the time what the child owns

00:55:01--> 00:55:07

He got it from his father, most of the time that what the child owns he got it from his father.

00:55:10--> 00:55:13

Isn't that true? Now, most of the time he

00:55:16--> 00:55:18

went to America a big, you

00:55:19--> 00:55:35

know, now, but most of the time, what did not don't do is sit in New Jersey in Edison and say no, we're talking about human history. We're talking about cross, you know, transgenerational and also,

00:55:37--> 00:55:57

without any spatial limitations here, we're not talking about Edison 2019 maybe in Edison 2019 what the, you know, maybe the child actually is, is does not sort of get much from their father or even if they get anything and they don't recognize it, but

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

but that is not but in human history, that used to be a thing, you know, that used to be the scenario.

00:56:07--> 00:56:24

Therefore, when the child dies, before his father, you know, it was expected that until medically big that it would return that the Father will be will take the rest, and that the rest should not be the fact that he was a residuary error asaba

00:56:26--> 00:56:39

he should not get less than the person who is at his level should not get less than the person who has at his level, which is the mother. So that

00:56:41--> 00:56:42

no, that's

00:56:43--> 00:56:45

Yeah, yes.

00:56:51--> 00:56:52

Yes.

00:57:06--> 00:57:26

Yes. So, if the if the if the the disease the left behind $600, the husband will get his 300 which is half the 300 that are left after the husband got his 300 200 will go to the Father 100 will go to the mother. Now, that is

00:57:28--> 00:57:30

what about if this husband was a wife,

00:57:38--> 00:57:39

the wife will get one quarter

00:57:42--> 00:57:43

okay.

00:57:45--> 00:58:19

The Godfather will get two quarters and the mother will get one quarter. So the father, so one quarter what is remaining three quarters of father gets two of them the mother gets one. So this will be an easy case. One quarter, one quarter, two quarters, which is one half easy, okay. Now, so that is the third scenario. What about the fourth scenario? When the mother when it says here that the mother will get

00:58:20--> 00:58:22

well the residuary air

00:58:23--> 00:58:25

reservoir here, the sheikh said what happened

00:58:27--> 00:58:52

to him and Timberland and what are the Xena una casa de la valle and token fossa to hustle. The fourth condition is when her child has been denied paternity by Leon, who was born out of wedlock. So, he was denied paternity by the husband or there was no husband, it just hurts, you know, like the so called sending your mother, you know, but the idea here is

00:58:54--> 00:59:22

in this particular case, there is no father in this case. And no father means no asaba there is there is no residuary heirs, because there is no father. And the answer is established through the paternal lineage. No reason Raiders, in this case, the mother does not inherit, like the previous scenarios, but rather she becomes awesome. She takes everything

00:59:24--> 00:59:25

because it's her child.

00:59:27--> 00:59:29

She takes everything when

00:59:32--> 00:59:47

Yeah, there is no you know that this this haircut did not have his own kids. If her kids have his own kids, then certainly not she's not possible anymore if your kid has his own male children,

00:59:48--> 01:00:00

and if her kid has, you know, female children, then we will go back to dividing according to the shares. Keep in mind that in the authorized pembeli method,

01:00:00--> 01:00:34

fab, she does not even become a hustle, but here, she will get her one third and hair also bought we'll get the rest not her had also bought we'll get the rest because the rest of the company madhhab they said that this child that she brought now to you know, we you know, to this family to her family that doesn't have their own family, this family now that you know, had to basically get that child

01:00:35--> 01:00:41

which has her family are there also about there is where yours. So, if

01:00:42--> 01:00:44

the child was denied paternity through the iron

01:00:46--> 01:00:48

and the mother

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

the chocolate design paternity through the eye, and then the child have money and died and was survived by her mother

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

and her maternal uncle,

01:01:05--> 01:01:07

mother and maternal

01:01:09--> 01:01:10

uncle

01:01:12--> 01:01:23

okay. According to this position that which is an embedded position also that even Kodama mentions here, the mother will take hold.

01:01:26--> 01:01:50

The maternal uncle will get none. But according to the authorized henneberry position, this is this position in this book is not the authorized embedded position. This was the the position chosen by them and the authorized have any position will give them other hand one third, which is our designated one third, and we'll give them a turn of uncle to therapists.

01:01:51--> 01:01:57

If you don't like this one, you could give the mother everything because there's disagreements here.

01:01:59--> 01:02:03

But the maternal uncle will get two thirds the mother will get

01:02:04--> 01:02:14

one third. But you know, an arm that says the mother will get everything she is a residuary. Err. Okay, so what are the four scenarios where the mother

01:02:16--> 01:02:21

one sixth, one third, one third of the remaining

01:02:23--> 01:02:27

all according to the this particular position

01:02:29--> 01:02:31

in the Mazda? So,

01:02:36--> 01:02:38

yeah,

01:02:39--> 01:02:51

this is going to actually take a longer than I expected, because I wanted to cover everything today except for the father and the grandfather because the grandfather

01:02:53--> 01:02:56

the issues with the grandfather, you know, and

01:02:58--> 01:03:00

then all of the sort of

01:03:01--> 01:03:34

intricate issues of the grandfather, we'll take, we'll take a lecture by itself. So, it seems that the that the different scenarios for the people with designated chairs will take us through not to lectures, next time, we will go over what we finish to this time is what do we finish this time, just the spouses, we finished the husband when you finish the wife, and we finished the mother.

01:03:35--> 01:03:50

So we finished three out of 10 with designated chairs, and we so next time, we will finish inshallah try to finish more the rest, except for the father and the grandfather will be for another time. So

01:03:53--> 01:04:18

any disambiguation before we break for the q&a session for people who voted leave and resume with a q&a session? There is a q&a session after the five minutes but for now, any confusion about what we said to resolve before we leave any confusion about what we said? No. Okay. So we'll have five minutes inshallah.

01:04:20--> 01:04:22

Shadowlands for today.