Fiqh of Inheritance #6

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

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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Bismillah Alhamdulillah wa salatu salam, ala samama. To proceed. Well, we are continuing with Kitab on Fahrenheit or the book of inheritance. And we were going to repeat and repeat and repeat until we memorize all that stuff because

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it's different, you know, further ahead as a discipline is completely different from the other disciplines. And we need to repeat and we need also to take different scenarios with different cases and do the distribution.

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So we need a lot of exercise left training.

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So let's start by someone telling me who will inherit

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who are the 10 men who will inherit and the seven women who would inherit that then that can be broken down to 515 and the seven that can be broken down to 10. So let's start with the men who are they men.

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Okay, so son,

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sons sons,

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father,

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grandfather.

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And that is the paternal grandfather as you remember.

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My grandfather, and well.

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Okay.

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Brother,

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brothers sons,

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Hong Kong

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uncle's plan that is the paternal uncle, uncles,

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uncles sons.

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Yes, we have two left that would be the husband and

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emancipator excellent.

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Okay, give me the seven women

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daughter

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the sons daughters, sons daughters

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would wait for the wife now. Mother

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and the grandmother,

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sister

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wife

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the emancipator?

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eyebrows are great, this side even is better.

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Yeah. Okay, so break these down to 15.

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Where do we start to start with a breakdown?

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Okay.

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What do you mean by the grandfather? No.

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No, you don't start here you start with a breakdown with the brothers.

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Those are three brothers. This is full paternal and maternal they all inherit full

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paternal and maternal they all inherit brothers sons. These are what to form and paternal fallen paternal, the, you know, in what sense, the brother needs to be full brother or paternal brother forces their son to inherit because their son would inherit as ossible has residuary air and ossabaw are the paternal male relatives paternal and maternal

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To the people who will be responsible for what? To get them out of trouble to bail them out to pay their indemnity or, you know, so they get to inherit uncle sons, Uncle sons.

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That is our uncle's uncle here, which uncle form and paternal

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speed means paternal uncle. It means the AMA versus the hard. It means their father's brother, not their mother's brother, but their father's brother could be their father's full brother or their father's paternal brother, Uncle sons, two types f MP form and paternal husband. No, that's one thing I guess.

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But, okay, so now.

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So when the when we did this breakdown, we got two more a year, one more year, one more year, one more year. So that's five, in addition to the 10, that is 15. break this down to be 10 instead of seven.

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Where do you start? The grandmother Yes, here you start with the grandmother, because we're dividing the grandmother into two types Ahmed, Ahmed Ahmed. So the sort of the paternal grandmother and the maternal grandmother, that turunen grand mother and paternal grandmother, and we will come and talk a little bit more in detail about the types of grandmothers Okay, so, which sister would inherit

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for paternal maternal, so three different types of sisters will inherit. So in this case, we got one more out of this and we got two more out of this. So we have seven plus three that is 10. And we said which ones would inherit designated shares. The son inherits the designated chair,

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Son Son Swanson's

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Father,

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and the Father and the grandfather. They're the only ones who would inherit both designated chairs in some scenarios and the by as awesome as residuary errs have at the same time

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through the same

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connection, which has been the father or sort of the same relationship. The other one who would it could have been heard by both foreign policy, a designated chair has has a residuary here is the husband who happened to be also the closest male relative. She was married to her cousin or something.

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Okay, so the who else gets designated chair

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before we leave the brother, shouldn't the maternal brother get designated chair? Okay, brothers sons, they get designated chairs, uncle's on concerns? Husband,

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he gets a designated chair. These are the four men who would get designated chairs. We said 10 people don't get designated chairs. Who are the women who would get designated chairs? The daughter gets a designated chair. Yes. The sons daughters get designated chairs.

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Yes. The mother gets a designated chair.

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The grandmother gets a designated chair.

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Yes, she gets one sixth.

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He has the grandmother in the absence of the mother, the grandmother would get one sixth. Yeah. The sister gets a designated chair. No one says they won't get a designated chair. Actually, no, wait a second, not one sister, all the sisters will get designated chairs. In certain cases, all the sisters have because we will talk about the different scenarios now. So this one we know for sure, we're gonna need a chair the maternal.

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But the fall and the pattern of all the sisters will get designated chairs. So this is where we get a designated chair. The wife again is physically the chair. Yes. So how many people that get designated chairs now.

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six out of the seven women would get designated chairs, four out of the 10 men will get designated chairs that is six and four. That is 10 people who get designated chairs. Last time we talked about the spouses and their inheritance and we talked about the mother. So a quick review the spouses and their inheritance. What does the husband get?

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Okay, what what when we talked about the when we talked about the shares army

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inheritance the denominators that we have with what we have

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made the original ones the would be what will be half and quarter and one eighth and two thirds and one third and one sixth. So remember half and two thirds, and then the half divided by two and then divided by two again. So half quarter 818, the two thirds divided by two, one third divided by two again, one six. So, the husband will get one half in the absence of what, in the absence of any children, that is children who you know and inherit, okay, the,

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the husband would get one quarter and when, in which case in the presence of and find out where is the inheriting offspring or children,

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the wife will get one quarter and one eighth. In the first case, in the absence of children, one quarter, one eighth in the presence of children, which husband and wife are we talking about?

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Well, who is a husband and who's a wife, they're either married, or

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married, contracted, means they're married, once you're contracted means you're married.

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Okay, and the diversity that is, you know, in an finalized divorce,

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if the husband can take her back, she can inherit him,

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he can inherit her.

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If the husband cannot take her back, she cannot inherit from him, he cannot inherit from her. And we talked about the exception is the someone has divorced his wife and, and his sort of terminal in this because he doesn't want to hurt to inherit, we will punish him and let him make her inherit from him. You know, but that's as a form of sort of punishment. But But in general, what you want to remember is, if the husband can take her back, they inherit from each other, if the husband cannot take her back, cannot take her back, in what sense without a new contract. Because he would always be able to take her back unless there is by doing a cobra there is finalized reverse without

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recourse. But if there is finalized reverse weather records, he can always take her back by a new with a new contract, that is not the one that can inherit. The one who can inherit is the one who can take his wife back without a new contract

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without a new contract. Okay.

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So that's the these are the sponsors we're talking about. And we talked about the mother. And we said that the mother has three or four different Well, do you remember the four? The four scenarios for the mother?

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660 if there is

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no. Sixth,

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sixth, okay. She takes the one third, if there are no inheriting offspring, hat or multiplicity of brothers, two or more brothers, or sisters, two or more siblings, we should say. So the mother will take one third, if there is no inheriting offspring father,

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or two or more siblings, any kind of siblings, okay.

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The mother will take one sixth in the presence of the above, inherited offspring for our lattice, or other middleware for

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two or more siblings.

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Okay, so that's the mother, she will come here

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and we'll come here. What's her third?

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The third scenario is the familiar some of you didn't like

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but we said is the agreement of the foreigner.

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If there is a spouse

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she will take one third of what is left. Okay.

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So So if there is no spouse and she and her father, well, what if the home is stolen? If there is no spouse, no, you know, and she and the father inherit the whole estate. She will take one third of the Father will

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Two thirds, but what if there is a spouse? a spouse will not limitary if there is a child and or if there is a number of brothers or sisters, they will limit her. So we will not encounter that problem. But spouse will not block her partially. There is no had no, you know, husband axon or Hydra man or anything. So the spouse will not block the mother, she still is entitled to one third. But if we give the husband one half, and the mother one third, what would it mean for the father? one sixth? If the husband was not there, she would have taken one third, and he would have taken two thirds. How come just because the husband is there? She's taking, you know,

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one third, and he's taken one sixth. So all Maranello who said if the husband is there, one of the best said this but that's against the agreement of the former that But anyway, I'm gonna have best also said that she will still get the one third or I don't care and stuff. But But armor and the agreement of the Sahaba and thereafter became the agreement of the Nevada they said, No, it would not make sense because that is against the sort of the ongoing default, she will get one third of what is left after the husband or the wife, and the father will get

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the rest the rest. So in this case, if it is a husband, two, she will get one sixth of the total, which is one third of what is remaining after the husband, and the father would get one third of the total, which is two thirds of what is remaining after the husband.

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No, it's not flipped.

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Why?

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Okay.

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Yeah, no, but, but but that doesn't occur and say, okay, the sequela theoretically, they don't say anything.

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taraka when cannot wahida fallenness for your boy masumi metallic in Canada, for en la mia Kula wallet, well arisa, who aboa for the only solace if he has no husband, if he has no child and his parents inherit him meaning only his parents would inherit him

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his has, then his mother will be entitled to one third, who takes the remaining two thirds the father, so she got 130. Now, he does not have a child or either deceased did not have a child, but they had a husband. So the husband will take one half, if I still give her one third of the totem, the husband will get one six,

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just because the husband the husband is so how come the husband made it flip this way. So to be consistent with a scenario where there is no husband and she is getting one, sir, the father is getting two thirds almost said if there is a husband, she will still get half of the fathers.

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And in this case, you will get one third of the remaining you will get two thirds of the remaining without the webinar best said you know she gets one third of the whole thick, but of the love now best opinion was counter to the agreement of the Sahaba and was not upheld by any of the foreigners. So it is sort of an extinct position. So moving to that fourth scenario, what's the fourth scenario for the mother who's the mother in the fourth scenario?

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Okay, if the son is only hers, you know, for some reason, you know, she does son does not have a father. It's only hers. And then she was the case in this here.

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There are two positions according to demand management one position which is the not authorized the unauthorized position is that she takes everything she becomes like a residuary err, if the son did not have his own children and reservoir ears and so on. But

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the other position, which is the authorized position is that she would get her one third still, and her closest to me and relative, her own house above

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her own residuary areas and become her son's ears is where hears her owners were the areas that become her son's residuary years. But if you don't play that you could take the other one.

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The other position.

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But anyway,

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these are all matters. Judicial matters. You're not going to decide anyway, the judge will. So

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so we're done now with spouses and we're not done with a mother. Who's next.

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Okay, why? Because we said the father and the grandfather are complicated.

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Particularly when the grandfather inherits with

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with siblings. So we will defer this until next time so now the strike to finish everything and keep the father and the grandfather for next time so he says that what is that that he that I'm taking home as soon as I hate it and cannot accept is that the has a fan ghanaba when acraman Bob for the Caribbean subsection for the grandmother in the absence of a mother is one sixth for the grandmother in the absence of the mother is one sixth This is with whether there is one grandmother or more as long as they are the same or are of the same generation but if some of them are closer to the deceased than others, the ones six when all be for them. The closer one so grandmother we said which

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grandmothers were inherent here is the disease.

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Here is the deceased.

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deceiving me

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hear is that he sees

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his father has her because that's a woman, her father, her mother.

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Her

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paternal the grand father,

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her paternal grandmother,

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her maternal grandfather, her maternal grandmother, who is going to inherit

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this and this right? They both inherit, okay?

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Go went up here.

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Okay, who is going to inherit out of these four grandmother's who is going to inherit? Is she going to inherit? Okay, so the this is the mother of the paternal grandfather, the mother of the paternal grandfather would inherit, okay. Is she going to inherit who see? This is okay. So this is the mother of the paternal grandmother. Is she going to inherit? Absolutely yes.

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Okay, is she going to inherit? Why? Because she has a male between two females, a male in the middle between two females She is the mother of the maternal grandfather, that male between two females interrupts the movement, the motherhood. So see it is not inherent.

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Okay.

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See, is for sure going to inherit.

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Okay. Now,

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three different types of mothers, we, we say three different types of mothers grandmothers would inherit. Why do we say three?

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Because from these three, anything above them that is connected through women only would inherit

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anything above them. That is connected through women only what inherit which Who are those three, those three are

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the

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this, this mother, what you know, and this mother, the immediate the two immediate grandmothers, the two immediate grandmothers hand

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this mother, this mother. So

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these three

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and anything that is connected, anything above that is connected through women only. Anything that is above that's connected through him and only so why are we saying this but not this?

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Because this is a no brainer, because she is connected to this through a woman. This one

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is not is connected through men. But the mother of this man, the mother of this man that she inherited as a grandmother. No she does not.

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Because higher than the paternal grandfather,

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the mother of any father higher than the paternal grandfather does not inherit

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But the mother

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of any grandmother,

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you know,

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so so

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as long as we're connected through women, we don't have a problem.

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But who are the ones that will get the inheritance? If they are, if there is a man in the middle, that's the mother of the Father, and all of her mother's,

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the mother of the grandfather, and all of her mother's, and certainly the mother of the mother, and all of her mothers.

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But if you have any man higher than the paternal grandfather,

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his mother will not inherit as a grandmother.

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That's too many men, in her way, to have a movement to inherit through a movement or motherhood. But any woman that is connected to any woman that is connected to these three grandmothers, through women only, through mother's only, will always inherit, even if she is, you know, 20 generations up,

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if that can ever happen. So if she just needs to be connected to the women only. So from this one, all the way up through women, which is the mother of the Father,

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all the way up through women from this one, all the way up to the women, which is the mother of the paternal grandfather. And from this one, all the way up through women, which is the mother

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which is the maternal grandmother, which is the mother of the mother. Okay.

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That's clear. So the mother of the mother of the mother of the mother of the mother of the mother of the mother of the mother of the deceased inherits absolutely don't need to think about it, because we didn't talk about any more men here. So, the mother of the father of the mother of the deceased inherits, no because there is a man between two women here, I said the mother of the father of the mother,

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the mother of the father of the mother of the deceased, she does not inherit is a man between two women, the mother of the Father, the mother of the father of the father of the deceased inheritance, yes. The mother of the father of the father of the father of the diseased inherits, no, because yes, because

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anyone higher than the paternal grandfather the immediate paternal grandfather, in terms of fathers, their mothers will not inherit, okay. So, these are the mothers that will inherit, if they are the same level Yes.

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No, two males well, also a male between two females when when ended.

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No,

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this this, this, but but there is no female in the middle.

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That is that is a male between two females

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that will ruin it. These two males,

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they are connected directly to the deceased, not through a woman.

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Okay, so

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because this is

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a male between two females, where is the main here between two females?

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No.

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two males between two females is also a problem. But we don't have two means here between two females don't count the disease

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don't count the disease. You know that this disease could be a male here, or a female don't count the disease. But one or two males between females will interrupt the chain of motherhood. So this man is interrupting that chain between this woman and this woman.

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The mother of the maternal grandfather does not inherit a male between two females not counting the disease from here upwards. Any male between two women when ruin that mother the connection of motherhood

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Okay,

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So now if they are yes

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okay. So let us say

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here

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okay

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let us say this is the father

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and we have here a father and a mother

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this is the this is what the great

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grandfather connected through men on the. So, there is no man between two women.

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So, we should say this woman should inherit, right. But she cannot, because anything higher than the paternal grandfather in terms of males, their mothers will not inherit.

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Exactly, okay. So, if they are the same level, they will inherit all together,

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they will share the one sixth, at the same level, they will share all the wood all share the one sixth,

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same Yes, same generation. So, let us say, she is alive, she's alive, she is alive. But the condition here is what

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she is that she's that she's that.

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And this and this and this, they are life,

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all three will inherit, each one will get one third of the one sixth.

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What if one of them is related to the disease through two connections like cousins who got married, so one of these grand great grandmother's has, is connected to them through two of her children, she gets twice the other ones. So we count for her her connection, her two connections to the disease. So if one of these three is connected through two and one is connected through one,

00:32:21--> 00:32:45

we will give the one that is connected, we have three here. So we can't have it will not be free, it will be two but one of them is connected through two and one of them is connected through one, the one that is connected through two will get two thirds of the one sixth, and the one who's connected through one will be we'll get one third of the one sixth. So,

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if they are not, if they are not at the same level,

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if they are not on the same level, let us say

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the mother has to be the mother has not been there, no grandmother would inherit anything in the presence of the mother. Because the mother is taking her one sex or whatever she's thinking and the grandmother is out of this. Okay, grandmother is only in the case of the absence of the mother. hen in the case of in the absence of the absence of what any closer grandmother's this grandmother is alive. This one is alive, okay.

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And this one is alive.

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who inherits

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the lower one, even though she has sort of looks more powerful because she connected through women only. And that is why there would be some disagreement, but we're talking to somebody here, this this or the majority also this lower one will cancel this one will block this one. This one, you know this lower one will like

00:33:58--> 00:34:15

the one the old The only inherit together if they are of the same generation. If they are of different generations, the closer one will inherit and not the father one and if there is a mother who's alive, no grandmother will inherit a 30 foot high

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interest debt. Amen. Amen. Amen. Amen Ganymede, Omaha T and now in other words, a grandmother inherits, even if her son is alive, but only three types of grandmother's inherit. The mother is the mother the father is the mother and the paternal grandfather's mother as well as their mothers, no matter how many generations up, no matter how many as long as the connection is only through women.

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Okay. So a woman a grandmother would inherit even if her father is present, even if her

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even if her son is

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which is deceased father

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He even in the presence of the Father. So here, here, here, okay, so she dies. Her father is alive. Her mother is not alive because we said no grandmother would inherit from the opposite in the presence of a mother. Her father is alive. And her grandmother, this one, her father, his mother is alive. That's the father, his mother, in this case inherit? Yes. According to the ham bodies. Yes. According to the ham bellies? No, according to the rest. No, according to the rest. Yes. According to the ham bellies. You're studying here, the honeyberries. So don't confuse yourself. Yes, she went in here in the presence of her father. Why? Because of the loveliness Oh, because they've ever had

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argued or cited reports from the lab. No, sir. Would I want to

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do this

00:35:55--> 00:36:16

mahama Rodney Howard Nova Hi. So the first woman that the Prophet sallallahu Sallam allotted the one sixth, the first job, the first grandmother, the prophet was beloved the 162 he allotted one sixth to her with her son, in her son's life. So that's why the mathematics says the father does not like her,

00:36:18--> 00:36:31

which is a little different from the ongoing rule, the ongoing rule is what you don't inherit when in the connection between you and the deceased is alive. When is that rule violated.

00:36:33--> 00:36:35

And one other scenario,

00:36:36--> 00:37:25

only here according to the ham bodies, and the other scenario, according to all of them, when this rule is violated, maternal siblings, the inherit in the presence of their mother, maternal siblings would inherit in the presence of their mother, they are connected to the deceased through their mother, but they are inherent in her presence. And they can block her partially also from the one third to the one sixth, if there is a number of them as two or more of them. So these are the two cases where you would inherit in the presence of the connection between you and the diseased one according to the embedding method. And the other one is according to the to all of them.

00:37:27--> 00:37:42

Okay, and then the chipset, whether that is going to be up in beta on Main, what are we having out I mean, for me, that I only was that I be sakata, IBM, while Mirassou this year.

00:37:43--> 00:37:51

All of this we explained a grandmother does not inherit, if she's connected to the deceased through our grandfather between two mothers,

00:37:52--> 00:38:19

or through a father higher than the grandfather. That's the paternal grandfather. So if He is survived by his mother's two grandmothers, and his father's two grandmothers, the mother of the maternal grandfather will not inherit this one, the mother of the maternal grandfather will not inherit.

00:38:22--> 00:38:32

And the other ones, while the other grandmothers will, while the three other grandmothers will. Clear the grandmother is clear. Let's move on to that daughter.

00:38:45--> 00:39:24

The mother, the mother have said no, because she How can I tell them how can she inherit when her father when her son is alive as her son was the connection to the deceased because the ongoing rule, except in the case of the maternal siblings, but the ongoing rule in general is that no one would inherit from the disease in the presence of the connection between them and the disease. The connection should block closer to the disease. Her father is closer to his son, so to block her because he's closer to the sun. Okay, set them that she accepted.

00:39:26--> 00:39:46

Concerning the inheritance of the daughters, firstly, what is built in this one has been tight enough aside and it's sort of second subsection for the daughters one half and for the two for two or more daughters. A total of two thirds. Daughters one half, two or more daughters will share the one third

00:39:49--> 00:40:00

will share this do thirds. Certainly here this we're talking about a daughter who does not have her brother who does not have a brother because if she has a

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

Brother in a brother that is that is the son of the deceased. So the daughter, a daughter who would have a brother will inherit by tasi. But residuary heir, they would inherit the rest, the children will inherit the rest, two shares for the main one share for the female, but in the absence of means of her generation, the absence of means of her generation and the absence of

00:40:27--> 00:40:33

full or paternal brothers in the absence of means of her generation.

00:40:34--> 00:40:36

What does Wait a second

00:40:39--> 00:41:16

in the absence of maids of her generation that forget about the fallen putter, this is different story about the brothers but not about the children of the deceased here. So if she does not have that, to say, this is the disease, and the disease that has two daughters, and no bra, no brothers, they would get the two thirds that this is the has only one daughter, she would get the one half that deceased also has a brother, she would not be entitled to a designated share the presence of the brother when your sub will make her residuary air.

00:41:18--> 00:41:19

In this case,

00:41:20--> 00:41:44

you know, she will be, for instance, wearing air with her bill, you know, Bill Kaya by her brother, who will make her as his wife here, and then they will get the rest. After everybody gets their designated chairs, the children will get the rest, and he will get two shares and the others will get one share. Is that clear? That's clear?

00:41:45--> 00:41:48

No, no, it's not clear. Why is it not?

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

too fast?

00:41:52--> 00:42:24

No, but wait a second. Okay. So the daughter is in the absence of sons, the daughters in the absence of sons, if it is one daughter, that's the one condition that you need to remember for the daughters? Or their sons or not? Don't you don't have to remember her there? Is there a mother or not? Is there a father or not? Is there a husband or not? Is there like an uncle or not? Just remember one thing when you think of daughters? Is there a son? Like someone that is of their generation made of their?

00:42:25--> 00:42:31

The Is there a son of the disease as their brother? Do they have brothers?

00:42:32--> 00:42:33

Yes or no?

00:42:35--> 00:42:39

No? No, how many daughters do you have?

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

One, she gets half to two thirds, 372 thirds. Good. So they, they have a brother? What do they get?

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

That they the daughters have a brother of their own sign of the disease. Now, you want it because you're looking at this know what you don't say one quarter because one quarter means that she gets a designated chair, you never say even if it is one quarter even if we sit down and figure out that it is one quarter, you only say she gets the remainder of bappy she gets a burpee ma who Ania she gets the remainder with her siblings and then they divided among themselves regardless of their number in the presence of a male offspring. This one will be done this way in the presence of her generation of her generation, let us say let us say Okay, so, let us say

00:43:52--> 00:43:56

you have this this is the deceased. Now, this isn't a disease now,

00:43:57--> 00:44:07

that seems to have a son this son unfortunately died, but was survived by a male and a female was survived by a male and a female

00:44:09--> 00:44:10

Okay.

00:44:11--> 00:44:17

Now, when we say the daughter will inherit one half in the present in the absence of

00:44:19--> 00:44:56

you know, brothers or in the absence of male offspring, we have to add up her generation because if this is present, if this is present, when he blocked her from the one half, no, it is not all her generation, he will not block her to the to the one half. Now, what does he get? He will be asaba he will get better than the remainder. If there is a remainder. He the Son Son will get the remainder if there is a remainder. Okay, so what

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

yeah

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

We will in sha Allah but but here so the daughter

00:45:07--> 00:45:15

Okay, so the Koran says the friend says use eco mafia radical executive instead of saying nice and focused on

00:45:16--> 00:45:17

Metallica in Canada

00:45:19--> 00:45:36

says so far and did not talk about to the doctor's doctor and talked about one and talked about more than two and did not say what happens with two daughters. The son explained that there may be reported this hadith where

00:45:37--> 00:46:12

the wife of Saudi Arabia Saudi Arabia died in a hard way the Prophet sallallahu Sallam was martyred and are happy with the Prophet sallallahu sallam. And then his wife came to the Prophet sallallahu ala, the ongoing sort of norm or custom is that the girls do not inherit. So he is the wife came to the Prophet sallallahu Sallam and said you know Sarah died with you and our heart he left these two daughters and their uncle took all of their aufsatz state

00:46:14--> 00:46:55

and no one would marry them if they don't have money. So the Prophet sallallahu Sallam received the revelation and then he decreed he decreed he said this out it had been tiny through saying mama Thurman welcome welcome so he said give the two girls two thirds and their mother one eighth and the rest is yours. So then the Prophet interpreted this the main two thirds applies to two girls as well not just three so two and higher two and more two girls or more they'll get the two thirds one girl that would get one half

00:47:03--> 00:47:06

okay give me give me give me your case Give me your case.

00:47:08--> 00:47:10

Okay two daughters

00:47:12--> 00:47:13

okay

00:47:15--> 00:47:17

two daughters and a mother

00:47:19--> 00:47:21

daughter

00:47:24--> 00:47:27

times two plus mother

00:47:29--> 00:47:34

Okay, so who is going to help me here let's start with the Mother What does the mother get

00:47:37--> 00:47:41

their mother or the mother Wait a second the mother of the deceased

00:47:44--> 00:47:54

the wife the air whenever you mentioned any relationship it has to be in relation to the deceased not in relation to the survivors.

00:47:56--> 00:47:58

Okay, so this is a wife now

00:48:01--> 00:48:02

two daughters and a wife.

00:48:03--> 00:48:08

So, what does the wife get? One eight, why does she get one eight

00:48:10--> 00:48:24

they will do that for awareness because of the presence of inheriting offspring inheriting offspring for awareness inherent inheriting offspring. Okay. So what do the daughters get?

00:48:26--> 00:48:28

Two thirds, yeah.

00:48:31--> 00:49:20

Well, this is a different Chapter This is the chapter abroad which is redistribution, redistribution when you have more than the basically the the shares or the sort of the people deserving of the chairs in this case you know quickly in the same proportion not at all this is a wife now the wife does not get any Android according to the majority. According to the majority, the vast majority the agreement of the foreigners I have the wife and the husband will not get anything more than their designated chair. So all the rest will go to the to the others and be divided between them. All the rest will go to the two daughters will be divided between that because the spouses do not partake in

00:49:20--> 00:49:21

the redistribution which is

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

okay.

00:49:25--> 00:49:31

So that was all clear. Now let us finish benhadad Eben, also,

00:49:32--> 00:49:36

this is taking a lot longer than expected.

00:49:37--> 00:49:59

But I guess it's it's fine. We'll just take our time so that we don't understand everything. Let's take bayoneted m e the sex ed webinar today believe him and zillah tn Eva are they are they either had them na na na na na na, na na semana Sakamoto Devaney Ilana Kodama now and Zara min. Han soccer

00:50:01--> 00:50:03

federal civil when FEMA bappi.

00:50:04--> 00:50:23

So the sons daughters take their place in their absence, but when both daughters are present the sons daughters will be precluded unless they have a Son Son of their generation or however low in which case he will make them core residuary errs

00:50:25--> 00:50:42

Let's read the following one, so that we can get the get it over with and then discuss when cannot been to a Hyderabad at Ebony Benton this 40 benighted Avenue I hate I cannot walk thermostatic a pseudo stigma to throw sign in any equipment una de Coronavirus, Cebu when,

00:50:43--> 00:51:08

if it is if it is one daughter and there are sons daughters, then the one daughter gets one half and the daughters of the sons, one or more get one sixth to complete the two thirds the daughters are entitled to and that is true except if there is a male offspring of their generation who will make them call residuary heirs, who will make them quarters warriors.

00:51:15--> 00:51:26

Okay, so we're talking now about vintage ebben. Vintage ebenen is the daughter of the Son, this one here. So, this is the disease, her son died.

00:51:27--> 00:51:31

But his daughter is alive, his daughter is alive.

00:51:34--> 00:51:50

The sunlight let us say this, this is all of his children died and was only survived by this one. She is the daughter of the deceased son.

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

How do you treat treat her?

00:51:55--> 00:52:00

What are the scenarios for the daughters? One half one daughter, you know,

00:52:01--> 00:52:34

without Masaryk almost without other, you know sort of daughters or without our daughters or their sons without brothers or sisters when a half two thirds two or more daughters, residuary hair. residuary err, by her middle sibling or by her brother. These are the three cases I forgot one case had blocked, she'll be blocked when was when she blocked

00:52:36--> 00:52:40

she's never blocked the guys that she's a blocker How could you block a daughter?

00:52:41--> 00:52:42

She has never blocked

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

when does she not inherit?

00:52:48--> 00:52:53

If she killed her father or Viagra she will not inherit from him because she's

00:52:54--> 00:52:56

if she will not

00:52:58--> 00:52:59

see you will not inherit

00:53:01--> 00:53:03

RFC leftist lab

00:53:04--> 00:53:28

because what are the inherent hindrances, the what are the hindrances, you know, red cloak of slavery, murder, the this belief or the rapid D, which is being a variant, different religions, okay, but other than that, daughters never get blocked. Sons never get blocked.

00:53:30--> 00:53:42

Six people will always inherit, always inherit, they can be partially blocked, some of them can be partially blocked, but they will never be completely blocked. Who are the six people who will always inherit?

00:53:44--> 00:53:52

sons daughters, husband and wife, mother. Excellent. We're actually doing very well we should actually speed up.

00:53:55--> 00:54:04

So this this lady here survived her grandfather who did not have children. What does she get?

00:54:06--> 00:54:21

One half, three, two that the sons daughters just like daughters. One half. There were two of them. What do they get? Two thirds, okay, now

00:54:23--> 00:54:26

they're okay, two thirds.

00:54:28--> 00:54:32

They have a brother, what do they get?

00:54:35--> 00:54:51

they inherit the remainder with their brother, he will have two shares and they would have each one share the remainder. Because once he is there, he would call starseed cacib me and meet and greet with that inherent but as a residuary here.

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

That could hurt to them. Yes, it could hurt to them.

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

It could hurt them in the sense that if there is

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

Nothing left, they're not going to inherit.

00:55:04--> 00:55:09

And this would be called aka shotgun. So he's like, you know,

00:55:12--> 00:55:14

a bad omen sort of unfortunate.

00:55:18--> 00:55:29

How is there going to be nothing left? If I have other people that will get the designated chairs. So, here we go.

00:55:33--> 00:55:42

I have two sisters here. Two sisters, to the daughters of the disease fear. And I have 123.

00:55:45--> 00:55:53

These are children of the son of the disease. And I have two daughters. The two daughters will get two thirds, right.

00:55:54--> 00:55:56

The deceased also had a husband.

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

Well, guess what?

00:56:02--> 00:56:04

One quarter because of the presence of children

00:56:05--> 00:56:12

that they cease to also had, let's say, her mother, what does she get?

00:56:13--> 00:56:14

One six.

00:56:16--> 00:56:17

So two thirds,

00:56:18--> 00:56:23

and one quarter, and one six is even more than one.

00:56:25--> 00:56:27

They don't get anything.

00:56:29--> 00:56:31

Because what follows

00:56:32--> 00:56:42

our directions Decker the prophet SAW Selim said, give the people deserving of designated chairs, their shares, whatever is left

00:56:43--> 00:56:54

will be given to the closest to me and relative. In this case, this closest the minerality would be possible with his sisters, they will inherit the rest. If he is if he's present.

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

Okay.

00:57:06--> 00:57:13

What if Where is he? Where is he gonna cause her problem? When is he gonna cause her problem?

00:57:16--> 00:57:18

This this, this brother?

00:57:19--> 00:57:22

Yeah. So what if

00:57:24--> 00:57:25

what if

00:57:26--> 00:57:28

there is only one,

00:57:29--> 00:57:33

there is only one daughter of the deceased.

00:57:35--> 00:57:40

And she dies and he died. There's only one doctor of the disease.

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

She said if there is only one daughter of the disease, and you have been Did you have the daughter of the Son, the daughter of the son will get what? one sixth

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

because you only have one daughter. That daughter daughters get two thirds.

00:58:05--> 00:58:11

The one daughter sobia which is the immediate daughter of the deceased to get one half.

00:58:12--> 00:58:17

What if you have one so the one daughter of the disease

00:58:18--> 00:58:22

and one grant the daughter of the disease.

00:58:24--> 00:58:48

The one grant daughter will not compete with her arm to because her arm is the immediate daughter of the disease will not compete with her arm. But she will take the one sixth that is left. That is the difference between the inheritance of multiplicity of daughters and the inheritance of the one daughter. She will take that one sixth.

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

She will take that one sixth. What if you have two here they will both take the one sixth together.

00:58:56--> 00:59:00

Both take the one sixth together. Whatever they have a brother.

00:59:01--> 00:59:09

They will take the remainder and divided among themselves. The brothers gets two shares of each one of them gets one share.

00:59:10--> 00:59:19

When will the brother ruin it for them? Here's the scenario. This disease was survived by one daughter she gets one half.

00:59:22--> 00:59:27

This disease was also survived by her husband who gets one quarter.

00:59:28--> 00:59:31

This disease was survived by

00:59:34--> 00:59:37

her mother who gets one sixth.

00:59:50--> 00:59:56

This disease too is also survived by a maternal

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

Have a brother

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

who gets one sixth?

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

Wait a second. Kevin, can they get anything? No, they can get anything from a brother here, we're not getting anything because of the presence of children.

01:00:15--> 01:00:16

But in this case

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

okay. So, let's say that the disease

01:00:31--> 01:00:35

is destroyed okay what survived by a grandfather

01:00:36--> 01:00:40

What does my grandfather get in the present in the absence of the father

01:00:41--> 01:00:43

and the presence of

01:00:47--> 01:00:50

hand the presence of children here?

01:00:55--> 01:00:56

one sixth

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

okay. So, I gave this one second, I gave this one sixth,

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

I gave this one quarter, I gave this one half,

01:01:12--> 01:01:14

what do they get?

01:01:15--> 01:01:17

They get? Ah

01:01:21--> 01:01:43

yes, so, this will be our one, which is basically the opposite of rod which is redistribution, this will be an hour long, which is proportionate reduction. So, we will have proportionate reduction for all of them, we will make the denominator higher and we will have proportion and reductions reduction for all of them now,

01:01:44--> 01:01:57

but this daughter, this daughter had her son her brother Ben did or had she had no Brother, what would she have gotten? One sec.

01:01:58--> 01:02:08

Because no one will keep her from getting the one sixth which is the remainder of the two thirds she will get the one sixth which is the remainder of the two thirds.

01:02:11--> 01:02:13

The brother now is there

01:02:14--> 01:02:28

they get the remainder she does not have a designated chair anymore, she and her brother get the remainder. If there is remainder she will get the remainder. If there is no remainder she will not get the remainder

01:02:29--> 01:02:37

okay, because that is important to hear to remember. Because we will say we will say

01:02:39--> 01:02:44

what are the scenarios for the the sons daughters,

01:02:45--> 01:03:03

the sons daughters, in the absence of daughters and in in the absence of certainly daughters and sons, but in the absence of daughters and sons, the sons or daughters would get what one half, one half,

01:03:04--> 01:03:30

if it is one and two thirds if they are two or more in the presence of daughters, how many daughters Do we have one daughter, the sons daughters will get the one sixth which is the difference between the two thirds daughters in general are entitled to and the one half that will go that will go to the immediate daughter

01:03:32--> 01:03:34

that will go to their immediate daughter.

01:03:36--> 01:03:36

Now,

01:03:38--> 01:03:43

what is the other scenario if they have a brother

01:03:45--> 01:04:24

He will make them residuary heirs, they will lose their designation. They will not have designated chairs, they'll become residuary heirs, they will become reservoir ears. Keep in mind, no one will beat them to the remainder because this gi which is banaba. Being the children of the deceased, they will always come first as residuary heirs, before any other before any other direction. They are most deserving. They would not get anything only in one case.

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

It has to go through the tarika when people with designated shares, gets the whole estate, people with designated chairs, get the whole estate. This is an example that I gave you husband, daughter, mother, and grandfather,

01:04:47--> 01:04:49

mother and grandfather.

01:04:50--> 01:04:59

The grandfather is not blocked because the father is not here. So he will get the one six the husband will get the one quarter

01:05:00--> 01:05:24

The mother will get the one six, the daughter will get the one half, they don't have anything. But if that child was not present, have that boy was not present, his sisters would have been entitled to one six, have they are entitled to one sixth? No one can block them from that one sixth, even if we have to do

01:05:25--> 01:05:57

you know, if we have to do proportionate reduction for everybody, we have to squeeze into it. Everyone who is entitled to a designated chair, that is the power of people who have designated chairs, you just can't block them. People who are entitled to the remainder there is is very airs, you could basically, if there is something left to the gut, if there is nothing left, that's it. But people who are entitled to designated chairs, they'll always be at the table, you can dismiss them

01:05:59--> 01:06:21

when he said that the sun should be the strongest air, but he's not invited designated chair, but because in his presence, everybody else is getting blocked, blocked, blocked or partially blocked or totally blocked. He would have to be something left for him there will have to be something left for him Okay. So these are the this this is the scenario here.

01:06:24--> 01:06:36

Okay, what if, what if there is something remaining? Let us say the grandfather is not here. And then you have one sixth and one quarter and and one half?

01:06:38--> 01:06:40

Four, actually, let's say two thirds

01:06:41--> 01:06:44

and one quarter.

01:06:45--> 01:06:58

And then you don't have this. So two thirds, one quarter and two thirds in one quarter. Is there something remaining after two thirds and one quarter? Yes. Whenever, however tiny it is, but there is something remaining.

01:07:00--> 01:07:26

They get the remainder. And they divided among themselves, which these are the children of the son of the deceased in the absence of their father and the presence of two daughters. The presence of two daughters or in the presence of one daughter, and they have the there is a boy here there'll be residuary errs, and they will get the remainder.

01:07:28--> 01:07:30

What if, what if

01:07:31--> 01:07:43

this man died, but He was survived by a boy and a girl? This man died and he was survived by a boy or a girl.

01:07:48--> 01:08:03

Okay, so So this man died. This man who is the deceased son's son died and was survived by a son and a daughter. And he was also survived by

01:08:04--> 01:08:08

her son's daughter, her son's daughter

01:08:11--> 01:08:16

and the little say, a son's daughter. And

01:08:18--> 01:08:24

also, okay, so we have two scenarios here. survived by

01:08:26--> 01:08:26

a

01:08:28--> 01:08:33

survivor, the by sons daughter, and a great

01:08:34--> 01:08:42

grandson. That is a great grandson. She is a granddaughter, he is a great grandson. Clear.

01:08:44--> 01:08:51

Does he make the acebo of her does he caused her to be a residuary? Err?

01:08:53--> 01:08:55

No, who wants to say yes.

01:08:59--> 01:09:00

No one wants to say yes.

01:09:02--> 01:09:07

He makes her a reservoir of air only if she needs him.

01:09:08--> 01:09:16

If she needs him, okay. When does she need him and when does she not need him?

01:09:19--> 01:09:25

To make her obituary err okay. So let us say let us say

01:09:28--> 01:09:32

she has a daughter here, okay. This is a granddaughter here.

01:09:34--> 01:09:40

Her arms, she has two arms who are alive at the time that they cease to die.

01:09:42--> 01:09:45

What does she get as a designated chair?

01:09:47--> 01:09:59

Nothing. Because we said that if there is only one daughter, she would give the remainder of the two thirds she will get one sixth. But if there are two daughters of the disease, the grandma

01:10:00--> 01:10:08

We'll get what nothing she waits to be honest your ear. Unfortunately her her brother had died.

01:10:10--> 01:10:17

Okay. So, she cannot he can't make her story her brother was survived by a son and a daughter

01:10:18--> 01:10:23

a son and a daughter Okay. Then

01:10:24--> 01:10:25

Then

01:10:27--> 01:10:32

there is an uncle here for instance there is an uncle

01:10:34--> 01:10:37

Okay, there is an uncle for the sister okay.

01:10:38--> 01:10:41

If If this was not present,

01:10:42--> 01:10:55

we will give the designated chairs to those deserving of the designated chairs. So, we will give the two thirds to the daughters that that grand daughter gets what

01:10:57--> 01:10:58

waits for what

01:11:00--> 01:11:16

doesn't get a designated chair? Is she a residuary? Err? No, because the this uncle will be the residuary heir. You know, she can't be as rare. What if she has a nephew here a nice nephew.

01:11:21--> 01:11:22

We will

01:11:23--> 01:11:39

make him suffer for her. He will make her as his worrier. Why? Because she needs him. Otherwise, she doesn't get anything. If she needs him, she can pick him up, put him with her and her generation.

01:11:40--> 01:11:43

So okay.

01:11:44--> 01:11:45

Now

01:11:46--> 01:11:51

when does she not need him? And when he does not become residuary here,

01:11:52--> 01:11:55

if we had one

01:11:57--> 01:12:09

daughter, and instead of two daughters, she gets one sixth she is she is entitled to a share in the inheritance. She will tell them, I don't need you.

01:12:11--> 01:12:14

So what does he wait for?

01:12:15--> 01:12:22

What does he wait for? He is connected to the disease, he is a child of the disease connect to them only through

01:12:24--> 01:12:40

means he will always be at his where he waits for the remainder. If there is any remainder, he gets it. If there is no remainder, he doesn't get anything. She'll tell him, I don't need you. So goodbye.

01:12:42--> 01:12:52

But if she needs him, to tell him come, you know, let's be possible, let's together be asaba. So that we can take the rest and not give it to that uncle.

01:12:58--> 01:13:04

It's, I'm sorry, but this is really taken longer than expected.

01:13:06--> 01:13:07

But it's not clear.

01:13:08--> 01:13:50

We will, we'll come back to it. We will repeat this because this is a little bit tricky here. But in general, and then we will take all of the when when we're done, we'll take all of the above and repeat them in general, the daughters of the sons, they are treated like daughters, in the absence of daughters and sons, in the absence of the higher generation between them and then sees the grand daughters and that is which granddaughters, any granddaughters coming from the sons. So let us say this, this granddaughter here, this granddaughter here.

01:13:52--> 01:14:12

Because that's the last thing that we want to mention. If you have a great grand daughter and granddaughter, you will treat them exactly as if you have without anyone else blocking them. You will treat them exactly as if you have a daughter and a granddaughter.

01:14:14--> 01:14:37

You have had great granddaughter and a grand daughter, you will treat them exactly as if you have had a daughter and a granddaughter. So that granddaughter will get one half and the great grand daughter will get one sixth.

01:14:38--> 01:14:59

If you have two grand daughters, they will get the two thirds. That great grand daughter gets nothing unless she has someone to make her at residuary air and take with her the remainder if there is a remainder. So

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granddaughters are treated like daughters in the absence of daughters and sons, granddaughters

01:15:07--> 01:15:23

take one sixth after the daughters, the doctors never take one sixth, because there is no no daughter between them and the disease they are his immediate daughters. So, this will not apply to them. So the granddaughters will be like daughters.

01:15:25--> 01:15:36

The grand daughters will take the one sixth if there is only one daughter higher than them, they will take the remainder of the two thirds which is one sixth, the granddaughters will inherit as

01:15:38--> 01:15:55

residuary heirs, if there is a male of their generation that will make them residuary heirs for lower than their generation and they needed him to make the to make them residuary heirs.

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And and the grant doctors will be blocked, will be blocked in the presence of someone higher than them like a male heir that is higher than them, he will block them.

01:16:17--> 01:16:23

The song here if there is a sign of the disease for the sign of the disease will block them.

01:16:25--> 01:16:26

Okay.

01:16:27--> 01:16:28

Is that clear?

01:16:32--> 01:16:33

That's it.

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We'll take five minutes and then we'll take the q&a session.