Fiqh of Inheritance #7

Hatem al-Haj

Channel: Hatem al-Haj

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Fiqh of Inheritance – Designated Shares

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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Hello, sir Mr.

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Johnson I'm about to proceed. So inshallah Today we will have both sessions on track and track of inheritance.

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And

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we will just sort of go over a quick summary of what we've discussed before and then proceed, inshallah finish the rest of the inheritance of people who have designated shares. And this is the most sort of like, important part of the fact of inheritance. Certainly, there are other chapters that are extremely important such as how to blockage

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which is

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proportionate reduction, and the rod, which is redistribution.

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And we will certainly need to pay close attention to the chapter on us about residuary heirs.

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And because this is Hanbury, we also need to pay some close attention to the chapter on that will not harm

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or the you know, the other kin. But

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still, this, this is the most important chapter and people get a good understanding of this chapter. And so a lot of do well

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in the rest of the fact of inheritance. So in order for us to have a good understanding of the fact of inheritance, we will first have to memorize

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who inherits we'll have to figure out who will inherit and who will not inherit who is deserving of inheritance, and who is not. Why is this important at the beginning, because,

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you know, when someone comes to you and tells you, you know, someone was survived, someone died, and they were survived by so and so and so and so and so and so and so and so, unless you are able to exit clewd the people who will not take good care of the inheritance, then you'll be in other confusion. So you'll have to first exclude the people who will not be part of the distribution will not be part of the distribution or devolution of the property. So

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I know that we do this every time but we still ought to do it I guess. Who will inherit 10 men and seven women quickly, the first man

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son,

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sons, sons,

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Father,

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and grandfather,

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and brother

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brothers, sons

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and uncle

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and Uncle sons

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azzaman.

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The emancipator?

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How do we make them 15?

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Okay.

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Okay, historically, our brother would be three different types of brothers.

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Okay, and the brothers sons

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and uncle.

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And this uncle is the arm which is the father is the brother. So the father, his brother could be the father, his brother and through like

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both parents or paternal.

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Okay, and Uncle sons. Also, same thing. So we have one more here one more year. One more year. That's three more and we have two more here. That is five. Okay.

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So five and 10 is 15. And who are the women?

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daughters,

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sons daughters,

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mother,

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grandmother,

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sisters.

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My

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emancipate emancipator?

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Okay, who will get a designated chair son

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designated chair

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father, first one grandfather, who else

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the maternal brother right

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and who else it gets a designated chair

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who gets a designated engineer here

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daughters, sons, daughters, mother, grandmother, sisters

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and the wife okay.

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So, in this case for women for men 1234 and six women will get designated chairs. So 10 people get designated chairs.

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Last time, we went over the daughters we went over what last time we went over the daughters and sons daughters, but also we went over the grandmother last time because the previous time we went over the husband and the mother, last time we went over the grandmother and

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daughters and sons daughters okay.

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So, because I that the issue here is repetition is important in this particular chapter, in addition, you need to like sort of have it all together in the same session to have a complete facade or like other realization understanding of the issue. So, quickly, the husband the husband gets what

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Okay, have without children, quarter with children, children here would be inheriting the offspring, inheriting the offspring would be the sons and daughters and then the sons children,

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sons children, and the sons sons children and the Son Son, sons, sons children.

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Okay, so that is inheriting offspring. So what half one quarter, the wife gets what,

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quarter one eighth quarter in the presence of in the absence of the inheritance of offspring, one eighth in the presence of inheriting offspring, the mother gets what one sixth

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and what else the mother has like for our four different cases for different scenarios. one sixth is in the presence of whom

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in the presence of two or more siblings multiplicity of siblings or offspring inheriting offspring.

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And

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then in their absence, what does she get one third, except in which case,

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if there is a wife or a husband and her and a father, she gets one third of the remaining after the wife gets her quarter or the husband that gets their half, she gets one third of the remaining and the father gets two thirds gets the rest

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Okay. Then, what is their last case if she is if the you know if the child does not have a father. According to lambda, she becomes the reservoir here, according to the authorized the view on the Hanbury mother hub elsewhere. Her her reservoir has become the reservoir the air and she gets one third.

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Okay. And then what else the that we discussed the grandmother and the grandmother gets one sixth, right? She's it's simple. The grandmother would get one six. But the only tricky thing about the grandmother is what?

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Who is it is about who which grandmother because,

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yeah, so the

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three grandmothers and all of their mothers as long as they are connected by mothers, who are the three grandmothers that would inherit and then from them go up through women all the way and everybody would inherit just through women.

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maternal grandmother or Milan on the paternal grandmother

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on

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a bill up, almost dead. Okay. The mother of the paternal grandfather will also inherit from those

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grandmother's maternal grandmother, maternal grandmother, paternal maternal grandmother, paternal grandmother and the paternal grandfather's mother take these three points and go up through women all the way every woman would inherit on the way on the way Okay.

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Yes, for the sister, the maternal sister should

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not turn on sister

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these seven if you want to divide them, you will have three different types of sisters you will have two different types of grandmothers therefore, you will have 10 total not seven, so

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and grandmother this would be maternal and paternal.

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Okay.

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All right. So, but like we said before all sisters get designated chairs as we will we will discuss the sisters now. So now we're done with with a grandmother

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okay. And we said the grandmother that would inherit is the these who is the spouse that would inherit

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are not finalized. So the current and unsignalized as long as the husband can take her back, they can inherit from each other. Once the husband cannot take her back, they cannot inherit from each other. Okay. And then last time we talked about the daughters and we said the daughters will get what one daughter gets have two or more daughters they get two thirds. This is certainly in the absence of sons. If they have a brother then they will divide the vitamin D cells okay?

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So in the absence of

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mahasi or mo sherek masa is the one who would make her as it were the air animal sciatic is the one who will basically partner with her in the inheritance. In the absence of monster of animal sciatic, she gets one half in the absence of monster than the presence of methodic or a partner like another sister, they will all get the two thirds. Okay. Now

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the end doctors are easy.

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Sons daughters, sons daughters would act, you know, what are the scenarios of the sons daughters?

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But before this, if they're our daughters, they will act like daughters, right? If they're our daughters, the sons daughters act like daughters. So they'll get one half and two thirds, like daughters. If there are though if certainly if there are no daughters and No brother, I know. She doesn't have an uncle or an aunt, if there are no daughters or sons. And then this applies to any generation, any generation you know going down all the way certainly if there is nobody above them, if there is no nobody between them and the deceased in terms of generations closer to the deceased and generation. So the daughters and the sons daughters and the grand sons daughters and the great

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grand sons daughters, they would get one half if she is alone and no one was above her and no one is with her. If they are more than one daughter at the same within the same in the same generation that get two thirds, two thirds. Okay. So what is the scenario where she actually gets one sixth? When does she gets one sixth in the presence of one daughter.

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Since we said since we said multiplicity of daughters will get two thirds. There is one daughter and she doesn't have a sister but she has a niece. She has a niece a son's daughter that needs when not compete with her so she will not divide the two thirds with her the daughter will get her one half complete that says sobia that's the the immediate daughter and that that granddaughter will get one sixth. The same would apply to granddaughters and great granddaughters grand the grand daughter in the absence of a doctor, our son or someone to inherit generation will get one half that's the great granddaughter will get one half that the granddaughter that great granddaughter will get one six

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yeah

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So what if we have a great granddaughter, and the great great whatever your granddaughter?

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The same will apply. The great granddaughter will get one half. If there is no one above her, no one with her and the one that her niece, her niece will get one. That's clear. So now

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what if so how else do they inherit daughters? fancy British wedding errs, if they have a brother, they will be asaba that score is is where he hears us about via there are residuary errs by someone else who caused them to be residuary errs, their brother, when do they inherit?

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And that applies to the daughters as well. The immediate daughters the if there is a brother, there'll be courses where the IRS call residuary ears.

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What about,

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but for the okay, but for that grant, the daughter and the great granddaughter, and she does not have a brother to cause her to be a residuary heir. But she has a nephew. There's been a few make her as it were the air.

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Yes, if she needs help, she needs them. Because sometimes sometimes

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if she will inherit on her own at designated chair, because why is she inheriting the designated chair, because there is only one daughter, so she gets one sixth, then in this case, she will not need Him, He will have to wait for the remainder if there is remainder

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if she will not need him. But if if there are two daughters, two daughters,

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but there is still a remainder, you know, two daughters would get two thirds, and let's say two daughters and then a granddaughter and her brother.

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So the granddaughter and her brother after the two daughters get their two thirds of the granddaughter and her brother would become residuary errs, and we'll take the remainder the rest

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right.

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When is that when is there no remainder.

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Oh

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Exactly. If you if you have like other people who get designated chairs you have like husband to father mother and stuff, then they may not be remainder and then they will get nothing nothing. So if she needs them, she will be asked about her. Now we're done with the daughters sons. Let us go over the sisters the C Rahim Allah Allah said, firstly, well above a nickel benefi for the N. subsection, the full sisters are like the doctors concerning their designated shares. Full sisters are like daughters concerning their designated chairs. What does he mean by this? Well, certainly the foot sisters are not as powerful as the doctors.

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But what does he mean by this?

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There are no doctors, no sons, no father.

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And then if there is a grandfather, also no grandfather, because if there is a grandfather, even though they will inherit, but the division is not going to be like this. They're not going to inherit the one half and the two thirds. So this is the case of Allah Allah. Allah Allah is the last verse in Surah Nisa, you know, yes, the Torah chapala we have to come

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here in number on chanukkah wa who have to follow Hannah's fella, Mr. Masako, so lm Yakuza in Canada, Mr. Sahni methodic When can we afford rajamani? Sanford executive Mr. Hassan

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collisionally.

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Institute ecological confy how they asked you about it kallada say Allah subhanaw taala will give you a federal concern and critical Allah

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in a broken halakha A Sarah who wanted what

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if a man dies and he does not have children but he has a sister.

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Then she is entitled to one half

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and if she dies, he will be entitled to all of her inheritance. If there if there is more than one sister

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then they will they're entitled to two thirds.

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Yes, the student put it out in Morocco.

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Morocco, Arizona and Aamir Khan law in Canada tiny

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Almost photos aren't even metallic. When can we afford original sound for the acronyms? Because they don't say so and if there is no, kind of there's more than one sister, they will get two thirds and if there is basically both genders, brothers and sisters, then they'll divide it among themselves through shares for the man, one share for the woman or two shares for the brother, one share for the sister.

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Now,

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so the sisters and then we'll get what?

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One half.

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No wife does not matter in the presence or absence of wife. It does not matter. The sisters would get one half

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the sisters that is one sister,

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sisters would get two thirds that is two or more sisters, two or more.

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The sister will be residuary air, with her goal residuary air.

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That's one of her with her brother. But there are the other cases where the sister becomes a chorus of dirty air with

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the daughters and we will come to this now.

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So he said that I collected about a nickel Bennati for the hen the full sisters are like the daughters concerning their designated chairs and the difference between the full sisters and daughters is what

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the four sisters are inheriting give there are no daughters if they're inheriting the designate their designated chairs if there are no daughters and certainly if there are no sons and there are no fathers. And there are no grandfathers the daughters will inherit all you know the half and the two thirds in the presence of everybody except her brother. Except her brother she would inherit together.

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Okay.

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And then the chick said, Well how about a minute Abby Monica Burnett, Ebony Mahal? Vanessa Saba while Ah, you also born in the horn. So the paternal half sisters with the full sisters are like the sons daughters with the daughters.

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However, no one except to their brother can make them courses were years. However, no one accepted their brother can make them go reservoir years. So. Okay, so I have to say I have someone who was survived someone who was like a woman died. She was survived by her husband. She was survived by

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a sister.

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She was survived by Well, let's just say a husband and a sister.

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What does the husband get?

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Half What does the sister get?

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Half

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okay. So, two sisters would have gotten two thirds and then that at the it will be proportionate reduction. Now, what if

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what if we have a husband

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a sister

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and a daughter?

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The daughter will get the half the sister will get nothing.

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Okay. What if we have a sister, daughter and a wife?

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The daughter the wife will get what one quarter.

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Okay, great, excellent. one eighth. So what does the daughter get?

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Have?

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Do we still have something left?

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It will go to the sister.

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Yeah, because the daughter makes the sister the daughter with the sister together they the heart monitors about so the you know the Prophet did not say this verbatim but that's the the meaning of what he decree so that the daughter will get the in the presence of daughters. The sisters would act like a hospital. So she will act like what like an officer be. You know, look the shabbiha will act like often shopping and often abroad.

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Back up. So she would act like that her brother, she will take the remainder to think that you mean but what if, okay, this this particular Okay, so what if I have What if I have

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oh wait a second yeah no no oh sorry sorry thank you thank you

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get one quarter Yes, yes she will get the rest. The sister will get the rest You're right. So the the previous example you know the we started to the husband the husband has given one quarter because of the presence of children. So if the husband is getting one quarter and the daughter is getting one half the sisters that are getting you know the rest which is God get the rest she would get the remainder because he will act like a reservoir here. So what if we have a mother?

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What if we have a mother

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and his sister

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that is full

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and a sister.

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That is paternal

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mother full sister paternal sister. That is why he's saying here what I thought of the maharana cabinet 11 email Bonanza what I was super hone in on the paternal half sisters with the full sisters are like the sons daughters with the daughters. However, no one except their brother can make them courses where yours no one accepted their brother can make them courses were yours. So what does that mean? I have a mother I have a sister and I have a full sister and a paternal sister. What does the mother get?

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One third or and sixth? Because of the multiplicity of what

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siblings so the mother would get one six. What the sisters again? What does she get?

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One half. What does she get? One sec. Why because I am treating this case as if this was a daughter.

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And this with no granddaughter, you know in relation to the deceased, it would be granddaughter. So if I have a daughter and a granddaughter, and daughter and a granddaughter

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What does the mother get in the presence of a daughter and a granddaughter, one sixth also. So it will be the mirror image.

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It will be the mirror image of this in the like. So if I have a daughter and granddaughter the mother will get sex the daughter will get half the granddaughter will get one sixth, if I don't have the daughter and the granddaughter if I have the daughter or the granddaughter. The sisters though, don't get designated shares. The sisters will get the remainder because of the presence of daughters they'll get the remainder. But in the presence of daughters the sisters don't get designated shares right. So in the absence of the daughter and the granddaughter the sister will take the place of the daughter and get one half

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that is the full sister. The paternal sister will take the prey the place of the granddaughter

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because paternal sister wistful sister is like granddaughter with

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daughter because we said that the sisters would get two thirds, right multiplicity of sisters two or more sisters, they get two thirds. If you have one sister, what does one sister get? One half. What is left of the two thirds that are designated for sisters the species of sisters, one sixth, two thirds minus one half is one sixth, it will go it will go to the paternal sister, because the paternal sister cannot compete with full sister. You know it's she's not going to divide the two thirds with her. But like the grandparent daughter does not compete with the immediate daughter and she would only get the one sixth. Also the paternal sister will not compete with the full sister and

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she would get one six

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the remaining one six

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Now and then the other scenario that we alluded to before that we mentioned before for the sisters is when the sisters have become azabache malakai meaning Cortez is where he airs along with others who are the other is now the daughters.

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Remember this statement that Jada Burnett

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and Jada hotma when I pass about make the sisters in the presence of daughters asaba presents when he hears make the sisters in the presence of daughter reservoir ears make the sisters in the presence of daughters reservoir ears and that his daughters and sons daughters just because daughters his whole daughters Okay. So now

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if the other is so the chef here said what I felt like my

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father when I said oh no mana Farida Musa Malika Venus road fee Benton within timonin worked in the fee habitable areas relies on the Los Alamos gentleness for the ability Lebanese students on my balcony

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says there's a chorus very airs in the presence of daughters. They get the remainder of the estate, but they would not have a designated chair. And that is due to Edna Massoud statement concerning a daughter Hassan's daughter and a sister I will judge according to the judgment of the Messenger of Allah sallallahu wasallam for the daughter is one half for the sons daughter is one sixth and the rest is for the sister. So yeah, so how did we figure out the Jada banner and Hakuna Matata make the sisters residuary errs, make the sisters in the presence of daughters, residuary ears, how do we figure this out? They went to Musashi and asked him about a case of inheritance. And they told him

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that the man was survived by a daughter,

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sons a daughter

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and a sister.

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They asked a woman

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What do we do and this case?

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Sorry about the Alon who said, Give the daughter one half and give the sister one half.

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He said, Give the daughter one half, give the sister one half because that's what is in the plan.

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So he said go and confirm this with our beloved episode of the loving has said if I

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if I say the same over adjudicate this is the case the same way he did, I would have been misguided I will judge in this case, according to the judgment of the Messenger of Allah sallallahu sallam, the daughter will get one half the sons daughter will get one sixth, and the sister will get the remainder.

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Okay, so that was Charlie's understanding of what was in the Quran. But the Quran has we said, the stuff to Africa relative to the law of

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Kerala here means the person who died and did not have children altogether, sons or daughters, so, but in Canada, in in, in Arabic could have meant to someone who died and did not have

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did not have cancer sisters are descendants that are males, male ancestors and male descendants. So like he's caught off like no male ancestors, no male descendants, but that kallada in Islamic terminology means someone who died and did not have children with their daughters or sons and did not have male ancestors. So male ancestors, no made ancestors and no children of any sex. But yeah, so now, so this was the judgment of our beloved Oh, do we deduce and he said that this is the judgment of the prophets and sanlam we deduce from this, that sisters in the presence of daughters would get the remainder, what does it mean that they get the remainder it means that they are

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they are reservoir errs, they are ossabaw via the reservoir years along with others along with the sisters. So we have our many cases for the sisters now. If that if they have the disease to escape

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Allah, no made ancestors and no children, the sisters will inherit one half. If one, two or more would inherit two thirds.

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The paternal sister in the presence of a full sister will get the one sex, which is the remainder of the two thirds that are designated for the species of sisters.

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And in the presence of daughters, the sisters will become residuary heirs, they'll become asaba meaning what just before simplification meaning that the sister becomes a brother becomes like a brother, she inherits, in this case like a brother.

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Okay, she will inherit in this case like a brother, she will get the remainder.

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Now, if she has a brother in any of these scenarios, in any of these scenarios, Fang Canada Puerto Rico and so on for exactly Mr. Hassan say, if she has

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brothers in any of these cases, she is not getting get designated share. She is a Kubernetes wearing air with her brothers. Like if the if the if the man was survived by a daughter,

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her brother

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and a sister.

00:36:29--> 00:36:35

What does the What does the daughter get? Half? What does the brother get?

00:36:38--> 00:36:55

Okay, so we will not say there's no designated shares. Now, we will say that the brother and the sister will get the remainder and then that remainder will be divided between them the brother two piece to share is the SR one share. So in this case,

00:36:57--> 00:37:35

you will say that, let us say that this is going to be this half will be the half to be divided. So this scenario would have to be done out of six. So the sister will get three out of six, the brother would get two out of six, and the sister will get one out of 6162636 which is one half. Okay, so what if we have two daughters? Two daughters, they will get what? Two thirds. So the brother in this case and the sister What do they get?

00:37:36--> 00:37:40

So two thirds is two thirds is what is four six.

00:37:41--> 00:38:04

So they will get to six together. You want to divide this by three, you can divide two by three. So you multiply this it will be 80 and you multiply this by three it will be six. So 18 here if you multiply six by three, it will be 18. Then you multiply the four by three it will be 12. The daughter is getting 12

00:38:05--> 00:38:11

out of 18 shares, and then we have six out of 8080 shares.

00:38:12--> 00:38:21

When sorry, the two daughters are getting 12 out of 18 chairs. And then we have six out of 18 chairs for the brother and the sister. What does the brother get?

00:38:24--> 00:38:40

four and two. Okay, good. So they're getting the remainder. What if there is no remainder? How could there be no remainder? Let's say there is a husband dear the husband to get to

00:38:44--> 00:39:03

know husbands will get one quarter he is he last time we made a mistake said the husband gets one half my husband gets one quarter there is in the presence of children. You know there is a child children hear their daughters. The husband has given one quarter What do we what we need somebody else? The mother

00:39:04--> 00:39:16

Okay, no, don't say the father why you don't say the Father. Because the in the presence of the Father siblings are not getting anything anyway he they are blocked.

00:39:19--> 00:39:36

No, but I am saying there is not like in this scenario where there is a mother one sixth, we will still be counting to see if there will be anything left for the siblings. Because the mother will not block them block.

00:39:37--> 00:40:00

The father will block them there. It's not like they're waiting for any remainder. They can't wait for anything. There is a father there is not going anywhere. You know so siblings in the presence of the Father will just not be helpful at all to get anything. siblings in the presence of a grandfather will be helpful to get something happening.

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

than to the majority not the HANA fees, or, you know, the canopies and one position in the honeyberry method, which is the weaker position, we'll come to it. Anyway. So what we're saying here is that in this case, in this case

00:40:17--> 00:40:24

161 quarter and two thirds, there is no remainder, the brother and the sister in this case will be out.

00:40:25--> 00:40:28

They're not going to get anything there is no remainder for them.

00:40:34--> 00:40:35

No, how come?

00:40:36--> 00:40:45

Two thirds, one sixth in one quarter, what is bigger one sixth one quarter, one quarter, two thirds. You have

00:40:48--> 00:40:49

nothing Yeah.

00:40:58--> 00:41:11

No, this is the other area of Ghana that talks about the maternal half siblings which we will come to the half maternal siblings, we will come to this which you know, welcome Mr. modelica, as well.

00:41:13--> 00:41:18

catalog knowledge for Nakamura on the metadata embargo setting you've seen a via

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and valuable setting to Serbia dyno in Canada, Jordan, your Asuka rotten, rotten whatever often overlooked, but equally pseudospin can Erica from Chicago sisters and body also hear the news of the house dynamic irama daughters FM in La Jolla hollywood party. So, this is a different

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

scenario, this is for the half maternal siblings

00:41:46--> 00:41:49

and we will come to it. Okay. So

00:41:54--> 00:41:55

next is

00:41:58--> 00:42:14

the inheritance of the maternal half siblings, because before we get to the Father and the grandfather and all of the complications of the Father in the grandfather, so the maternal half siblings, the sheikh said first whatever the current model must own the car.

00:42:16--> 00:42:20

So this will eliminate any citizen and can walk from exotic Fonseca officers.

00:42:21--> 00:42:24

subsection the maternal half brothers

00:42:26--> 00:43:03

and sisters are equal the main like the female, if there is one, he or she gets one sixth, and they are to each gets one sex and if they are more, they are equal partners in one third of the estate. So this verse in Surah, Nisa, number 12. In certain is the talks about the inheritance of the spouses also talks about the inheritance of a man who was survived by maternal half siblings, maternal half siblings.

00:43:07--> 00:43:12

And the know what what is the condition for maternal half siblings to inherit?

00:43:13--> 00:43:15

Your Africa kallada means what?

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

Huh?

00:43:21--> 00:43:25

No, no offspring, no inheriting offspring.

00:43:28--> 00:43:32

And no male ancestors.

00:43:34--> 00:43:35

No male ancestor

00:43:39--> 00:43:45

no children, regardless of their gender, no male ancestor

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

male only. So what does that mean? I have material and half siblings. So I have a maternal my sister.

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

And I have a mother

00:44:02--> 00:44:04

and I have a husband.

00:44:07--> 00:44:08

What does the husband get?

00:44:10--> 00:44:12

One half because there are no children.

00:44:14--> 00:44:19

And in the absence of children, the husband gets one half. What does the mother get?

00:44:21--> 00:44:41

one third, why does she get one third? Because there are no children and there is no multiplicity of siblings. There is only one sibling. What does the maternal sister get? one sixth? What if I have three maternal sisters? What do they get?

00:44:42--> 00:45:00

one third. From Shoraka officers, they get one third. What if I have two maternal siblings? What do they get? One third also? So one, what if I have my maternal sister and

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

maternal Brother,

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

what do they get? sister and brother? What do they get? One third stem? How do they divide the one third?

00:45:12--> 00:45:21

equally, why are dividing it equally? Because they're connected to the disease through a female. So in this case,

00:45:22--> 00:45:33

the you're not gonna give preference to them to the male inheritor because both are connected to the disease through the mother, they are the deceased mother's

00:45:34--> 00:45:42

kids, they get equal shares. So they are not going to favor some of them over the others. Yes. Yeah.

00:45:46--> 00:46:09

Oh, no, no, no, that in this case, the you will you will certainly demote them the mother to one sec, in the presence of more than one sibling in the mode the mother to one sixth in the presence of one sibling, the husband will stay where he is the husband, because the husband is not affected by the number of siblings, the husband is affected only by the presence of children.

00:46:11--> 00:46:14

Okay, so then

00:46:16--> 00:46:24

let's quickly go over the father because the father is easy. And then in the second session, we will go over the grandfather

00:46:25--> 00:47:03

with grandfather in all cases of the grandfather, including grandfather was with siblings. So the sheikh said Firstly, when Abby thalassa to a while Hello, so this way Mr. COVID wallet, subsection the Father has three possible situations. If there are male descendants of the disease, the gets one sixth will harden the akuna osobowe am either midwater he inherited a residuary here if there are no inheriting offspring. Well, hi, I'm Ron Why am I in acid water he gets one sixth and inheritance as a residual year, if there are female descendants,

00:47:05--> 00:47:13

if he gets one sixth and also acts like a reservoir here, if there are female descendants, so, okay.

00:47:15--> 00:47:26

Now, remember, when we said Mother and maternal siblings, we said there are two scenarios only in the fact of inheritance where you can inherit in the presence of

00:47:29--> 00:47:46

the one the connection between you and the disease, that connection between you and the disease, this is one of them. And this is why the agreement of the scholars, what is the other case, when you can inherit in the presence of the connection between you and the disease.

00:47:48--> 00:47:49

The paternal grandmother,

00:47:51--> 00:48:37

the paternal grandmother, can inherit in the presence of her son, who is the father or the paternal or the mother of the paternal grandfather can inherit in the presence of her son who is the grandfather. So, so that is that is the other case, but that's only one body, but this is the only case where the agreed that you would inherit in the presence of the connection between you then the disease, how are the maternal sisters related to the disease through the mother, the mother is still alive Can someone inherit in the presence in the life of their connection to the deceased generally speaking not except in this case, according to everyone and except in the case of the paternal

00:48:37--> 00:48:42

grandmother, who will inherit in the presence of her son according to the hen values?

00:48:44--> 00:48:55

Okay. So, now let us get to the scenarios of the Father, the father will have three different scenarios, three different scenarios.

00:48:57--> 00:49:07

That child they can have the child they can the sorry, the disease, they can have sons,

00:49:08--> 00:49:11

or a male offspring, male offspring,

00:49:15--> 00:49:16

male offspring

00:49:21--> 00:49:36

in the presence of Father, in the presence of male offspring, what does the father get? one sixth only, and that's it, he doesn't come back with us he does not return he will get the one sex and go home.

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

And then

00:49:40--> 00:49:47

what does the okay in the presence of in the presence of female offspring

00:49:51--> 00:49:55

he gets one sec plus the remainder.

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

So in this case, he acts

00:50:00--> 00:50:02

like someone's loofa, the

00:50:03--> 00:50:09

title of the designated chair and Masud arranged that way as well.

00:50:10--> 00:50:32

Why did he not act like this in the presence of male offspring, because the male offspring no one will be arrested for the air in their presence, because when we come to talk about reservoir years, we will say that the first thing that we care about in terms of reservoir here is we have three things called the gel core volkova in

00:50:33--> 00:50:35

his direction

00:50:38--> 00:50:41

and quarterback as proximity

00:50:44--> 00:50:47

and power is strength.

00:50:48--> 00:51:48

The first thing that we look at is what else in this order Johannesburg as the quarterback second and CO is strength. So, in general direction, the first direction is down from the disease that going down from the disease and then going up from the disease. So, down first, up second, and then you go to the sides, which side the closer side is the brother closer are the uncle, the brother because the brother is the father's child, the uncle is the grandfather's child. So, the brother will be first and then the nephew is closer or the uncle than if us closer, because from the brother it will go down from the brother. So, you go Brother and down and then you go uncle and down and

00:51:48--> 00:52:02

then you go to the distant uncle and down and he keeps for us about okay. The second thing is of course, so, if you have a if you have

00:52:04--> 00:52:10

like a no and if you have and then a grandnephew,

00:52:11--> 00:52:37

the nephew gets the gets everything the grandnephew does not get anything. The third thing is a power strength, if you have a full brother, and a paternal brother, who inherits the form, stronger, okay, so that is the order here in the presence of male offspring, the father

00:52:38--> 00:53:04

would only get because we said six people would inherit no matter what. So no one would exclude them completely, or block them completely. Who are those six people? Father, Mother, husband, wife, son, daughter, there is no way unless you We sat there, they kept

00:53:05--> 00:53:54

the apostatize they kept their father somewhere. But there is no way aside from the minor errors, the hindrances, that those six people will be completely excluded. So even in the presence of male offspring, the father does still have some entitlement, but only one sex and he said, and then he goes away, does not come back. And then in the presence of female offspring, he will take the one sick, because the female offspring is very strong. He takes the one sixth, so that she does not that you know, because she takes one half. And then if he does not take anything, then he may come back and not find anything if we say if we say to him, you get the remainder only.

00:53:56--> 00:54:26

Because why are we saying he gets one sixth and remainder? If he's given the remainder? Why are we giving him one six, he's given the remainder anyway. So you'll get everything else left. Because she is very strong, she will take one half and then if he just waits for the remainder, you may not get anything, then so we give him one sixth, regardless of anything, we give him one six. And if they're if we if the state will not be enough for the inheritors, then we will have proportional reduction for everyone.

00:54:27--> 00:54:55

And then we will tell him, you get the one sixth, and you will wait since there is no male offspring, you as the father are in you are entitled to be the residuary heir. If there is anything left and then Okay, so in the absence of both male and female offspring, what does he get? Only the remainder.

00:54:57--> 00:54:59

So you may say, but this is upside down.

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

In the presence of a female offspring, he's getting more No, he's not getting more in the presence of female offspring he's not getting, we're just reserving the one sick for him so that he does get something and doesn't, you know, and that's it, but he's not getting more, because in the presence of a female offspring, she got one half already. Or if they are two, they got their two thirds, they don't care who is there, they got their two thirds. Now we have only one third that is left, that one third that is left, we have two daughters got two thirds. Well, that's 130 that is left if you have a husband, who will get one quarter right.

00:55:51--> 00:56:13

The father would know, that is why we said the father will have to get his one sixth does not get the remainder, he will have does not only get the remainder, there is female offspring. If there is female offspring, he gets one sixth plus the remainder. If we if

00:56:14--> 00:56:25

if we did not give him the one six plus of the remainder, and we told him just the remainder, then it would have been a problem for him he would have gotten less than the one sixth. Okay. So

00:56:28--> 00:56:28

now

00:56:30--> 00:56:43

let us say there is no female offspring, if there is no female offspring, and he gets the remainder, so no meaning no female offspring absence of offspring, and he gets the remainder,

00:56:44--> 00:57:10

how much? You know, how much can the husband get in the absence of made offspring? One half Okay. And then there are no children. So, let's say the Mother Mother, you know is that is the case that we discussed before as the or Maria case that we discussed before, but if there was if there is no

00:57:11--> 00:57:19

yeah, if there is no mother, anyway, he will not get less than the one sixth anyway. Because there are,

00:57:20--> 00:57:45

you know, he here, he will not get this the one the one sixth anyway, because there are no offspring. And in the absence of offspring, you know, you have no daughters, and the daughters causing the problem to any like, because they get like multiplicity of daughters, they get two thirds. So all that you're working with is one third of the estate after the daughter got their two thirds.

00:57:47--> 00:58:21

maternal brothers and sisters never inherit in the presence of a father never inherit in the presence of a grandfather, they never inherit in the presence of a made ancestor and they never inherit in the presence of children. They never inherit in the presence of children or inheriting offspring of either sex or main ancestors. They never been here okay. So these are the three cases for the Father. So let us take Masada let us take a case.

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

So you have a father,

00:58:29--> 00:58:30

husband,

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

son,

00:58:39--> 00:58:44

and you have a mother.

00:58:49--> 00:58:52

Okay, and do you have a grandfather?

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

Okay, I'm coming to it. What does the father get?

00:59:01--> 00:59:02

one sixth.

00:59:04--> 00:59:05

Why does the husband again?

00:59:06--> 00:59:08

Why did the father get one sixth?

00:59:09--> 00:59:18

because of the presence of a son. In the presence of a son he only gets one sixth and not the remainder. When is the last one to get what is the husband getting one quarter?

00:59:19--> 00:59:31

What is the son getting? We don't give him anything now he takes the rest takes the remainder. What is the mother what is the mother getting? One sec. Why is she getting one sixth?

00:59:32--> 00:59:43

Because there is a son What is the grandfather getting? Nothing because there is a father in the presence of the father the grandfather gets nothing. What is the son getting? The remainder?

00:59:45--> 00:59:47

Okay, good.

00:59:48--> 00:59:55

So, if you change this son and make him a daughter,

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

daughter

01:00:06--> 01:00:17

Okay, so what is the husband getting? is they're getting his one quarter. Okay. What is the mother getting? She's still getting her one sixth.

01:00:19--> 01:00:20

What is the daughter getting?

01:00:22--> 01:00:23

One half?

01:00:24--> 01:00:35

Always if there is no more static no like partner, no other daughters and no more seven no one to make her residuary heirs. She's getting one half. She's getting one half.

01:00:39--> 01:00:43

When is the father getting in this case? What does the Father give? In this case?

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

160 plus the remainder.

01:00:52--> 01:01:07

So, in this case, is he giving any remainder? No. In fact, in this case, this there has to be proportionate reduction, there has to be out that we have to basically

01:01:08--> 01:01:59

give each one the same proportion. but less than, you know, everyone would get less than the she would get less than one sixth of the space. They so let's say let's say, Okay, so this particular case, okay, this particular case, one, six, because it's it's out. So if you have six, and you have four in here, let's say let's go to 12. So this will be two over 12, this will be three over 12, this will be six over 12. This will be one sixth, multiply six by two to over 12. So what do you have now? two plus three is 565 plus six is what 1111 plus two is 13. Over 12.

01:02:01--> 01:02:22

What do you do in this case, you make the 13 the denominator. So now that that is proportionate reduction, so that you can accommodate everybody, and you don't do injustice to anybody. That's proportionate reduction. So it so the mother would get two out of 13 shares,

01:02:23--> 01:03:14

the daughter will get six out of 13 chairs, the husband will get three out of out of 13, two out of 13. So that's called proportional reduction. And we will come to this later. But here was so that is why we said that we will have to give the father one sixth so he can compete. Because if we give him the remainder, the remainder guy just waits for the remainder. And then if there is a remainder, he gets the if he's not remainder, if there is any remainder he gets whatever is left, no matter how tiny it is, and if there is no remainder, he gets nothing. But here because we said a father should always get something then we have to we have to protect him we have to give him the one six because

01:03:14--> 01:03:25

that's what the Quran also said, you know, because the Quran says use equal to radical Muslims don't say anything, quantities and focus on attaining a metric when Canada had a fondness for a vertical datum in Houma

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

as soon as metadata in Canada

01:03:30--> 01:03:38

for the army service, so if he does not have children, the above y equals pseudos. No matter

01:03:39--> 01:03:42

for his parents for each one of them is one sixth.

01:03:46--> 01:03:46

Okay.

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

If he

01:03:57--> 01:03:57

doesn't

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

know if he has kids

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

in Canada Hall of Fame,

01:04:14--> 01:04:38

whatever suits for his parents, each one of them is entitled to one sixth in Canada, what if he has children? If he has children, if he has no children and his parents inherit him, just his parents are inheriting him. The mother will have one third, and then the remainder will go to the Father. The father was not mentioned here because he's given only the remainder in the absence of children.

01:04:40--> 01:04:45

Yes. So these are the scenarios for the Father.

01:04:46--> 01:04:54

We will take a little break now and we will come back for the grandfather and different scenarios of the grandfather.

01:04:55--> 01:04:57

protocol the others Thanks everybody.