Fiqh of Inheritance #8

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Fiqh of Inheritance _ Designated Shares Continued

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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complicated to when there is a grandfather and siblings, it gets to be very complicated. And if you're happy, then you're not going to have to worry about

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150 does not have to worry about this. Because the hyphy move to well, in the Hanafi madhhab, the grandfather blocks older siblings, just like the Father. So we're not going to have any habit,

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you know, not,

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not have any trouble, not have any problems. So for the Hanafi, remove T, the grandfather is acting in the absence of a father, like a father is black and gold. Not in every regard. But you know, he's black and gold siblings, the shift will start by saying the grandfather is like a father, because the same scenarios that apply to the Father apply to the grandfather except for three differences. Let me tell you the three differences first between the grandfather and the father. You remember the father, right, he's given one sixth in the presence of

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he's getting one sixth in the presence of

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female offspring. He's getting

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I'm sorry, one sixth, and the remainder in the presence of female offspring. He's getting one sixth only in the presence of male offspring, he's getting the remainder only in the present in the absence of the above. And the absence of the above, he's getting the remainder. So he's getting one sixth, and the remainder in the presence of female offspring is getting one sixth in the presence of main offspring, he's getting the remainder, in the absence of the above, the same will be applied to the grandfather, same three scenarios. The difference between the grandfather and the father is what there are three major differences. One of them is the grandfather would be blocked by the Father.

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That's a big difference. The father is never blocked by anyone. The grandfather gets blocked, blocked by the Father.

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That's one difference. The other difference is

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the other difference is that that grandfather will not squeeze the mother into one third of the remainder Will not you know the mother will get her one third and the grandfather gets whatever he gets, you know, like the the,

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the, the grandfather in this case like let us say, normally attend in the two or Maria Masada. Remember the Marietta we said husband or wife, husband,

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mother.

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And Father, the husband is getting what one half, the mother is getting what? One third of the remainder. So the husband has given three, six, the mother has given one sixth, and the Father has given to six, right?

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If this was wife, the wife is getting

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one quarter, the mother is getting one quarter, the father is getting one half.

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Remove this father and put a grandfather in their place.

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What do you get?

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No, he does not do this to the mother.

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The mother gets her one third here, and the mother gets here, one third here. And the grandfather will get the remainder. The remainder here is what?

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One second. We're not saying that he's given one sixth, we're saying that he's given the remainder, because in the absence of male male and female offspring and the absence of any offspring, what is the grandfather do gets the remainder. So, the remainder here happens to be one sixth, right? He gets the one sixth,

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we said that the Father cannot get one sixth and the mother is getting one third, because in the absence of the husband, what does the mother get? one third, what does the father get? Two thirds. So how come in the presence of the husband it flipped and the father got one half of the mother. So that is why we have this issue, this armeria issue, the grandfather does not take the place of the Father in this sense. The grandfather cannot

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cause the mother to get less than what her one third, she will still get her one third, what is the third the difference between so one that grandfather can be blocked by the father to the grandfather will never squeeze the mother will never you know, block the mother or you know, partially reduce the mothers share. Reduce the mothers their three, the grandfather,

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if you're not happy or if you're not happy belly because hen belly is

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Divine were divided. Some of them, some of them agreed with the Hanafi position, some of them agreed with a position of the jamawar. But the authorize the view in the math lab is in agreement with the position of the Johor that the siblings will still inherit in the presence of the grandfather. But in the Hanafi madhhab, the siblings will not inherit in the presence of the grandfather, because the grandfather is stronger he is in our modern NASA Bermudan NASA, which means what

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the lineage the direct lineage, he's upstream, you down from you up from you and down from you is your direct lineage is the pillar of your existence, you know, the people who are your ancestors and descendants, that's your mood, your pillar.

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Then you have the people on the sides. So the siblings are on your sides, the grandfather is part of your mood here, it's part of your so the grandfather according to the Hannity's and those have various will block the siblings.

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The juvenile said no, we will not treat the grandfather like a father here he will not like the siblings, because if this is the disease,

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if this is the disease, and this is the Father, and this is the grandfather,

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okay, this is the disease that this is the Father, this is the grandfather.

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And

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basically, this is

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okay, so this is the disease, the disease is coming from here, right.

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For from his you know, that the disease, this is the father of the disease, the mother of the disease, and who is this?

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the brother of the disease, the that's the full brother of the disease, right? or whatever, it doesn't have to be the full brother of the disease. But anyway, it's coming from this man.

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So the sibling is connected to the deceased through the Father.

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The grandfather is connected to the deceased through the father, there is only one connection between them and the deceased, and it is through the same person. The sibling is the child of this man who is the father of the disease. The grandfather is the father of this man who is the father of the disease. So now, they they said and the the other Sahaba, who took the position of Zeit Ababa was like, you know, Abu Bakr took the position that was later taken by Remember, the grandfather were black, the siblings. But some of the Sahaba said, No, we're not going to let him black the siblings and say that audience on the said, we're not going to let him black the siblings because

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they're connected through this man. And

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this is the child of this man, this is the father of this man and the father is not closer to the man than his child. A man's father is not closer to him than his child, everything is about this man. Now the father of the deceased, this is the disease This is the father of the disease. This is the grandfather of the disease, who is the father of the Father, this is the sibling of the deceased, who is the child of the Father, they said he is not closer to that connection, who is the connection the father of the deceased is the connection, they said he is not closer to the connection, the grandfather is not closer to the connection than the sibling, because the he is the

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child of the connection is the father of the connection. So we will have to give allow them to

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but what they agreed on is what

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they agreed on one thing, they agree that the grandfather will take will have priority they will he will be prioritized. That is why we will discuss the different scenarios.

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What are the scenarios of the grandfather?

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The same like the Father, in the absence of the Father, the same like the father was what exceptions.

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He's blocked by the Father. He does not reduce the mother. The mother shares like the father would he does not. He is blocked by the Father. And he that the siblings would inherit in his presence. How do the siblings inherit and his presence we will discuss this? She said

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first, while Jadoo was at Duke and Abby if he well he who haven't Robbie are here Not a whole lot in

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our lives.

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Well just do ABV Mohan Raja Why am I

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avoiding

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the grandfather is like the father is in in all conditions with the exceptions that we pointed out, but there is a fourth condition that applies to him when he inherits with only the full or half paternal male and female siblings, then he gets the greater of only inherit meaning there are no people with designated chairs, we only have a grandfather with siblings. This is what we will discuss now. There are no people with designated chairs. We are only having grandfather with siblings, father who has them in more Casa Mata him,

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Jamie and Matt, he has then he gets the greater of sharing with them, like one of them or taken one third of the entire estate.

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Okay, so sharing with them or getting one third of the entire estate, I have grandfather

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and I have

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I have three paternal siblings

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three paternal siblings and a grandfather.

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It doesn't matter boys or girls. It matters boys or girls. Thank you, it doesn't matter. Because

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let us say three paternal brothers.

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So I have a grandfather and three paternal brothers

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What do they get?

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quarter quarter, quarter quarter wrong?

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Leave this

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What does it say? Please in English.

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Okay, okay. So what does it say before that?

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Know what does it say before the two options?

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The greater of so how would you give him a quarter?

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The greater of

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he would That is why I said he is prioritized.

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He will he will not in the absence of people with designated chairs the grandfather will not get less than one third.

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One third, in the absence of people who has designated chairs, the grandfather will not get less than one third,

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you can squeeze him into a quarter.

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What if the grandfather, what if we had two paternal brothers? What does he get?

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both cases are equal to share with them will be equal to get into one third, because they share with them, each one of them would get one third. Or he gets the one third, it's one third, it's equal in this case, both are equal and he can choose you want to get you know the ones that are this way or the ones that are that way. Okay, what if I have one paternal brother, one paternal Brother,

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what does the grandfather get?

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half

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half, because he has the greater of revenge greater of

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know why he has the greater of one third or sharing with them like one of them.

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Like a brother, but not like a sister, like a brother and not like a sister. He was shared with them like one of them. Or he will get one third of the whole inheritance, whichever is greater, whichever is greater. What if I have one paternal brother, one paternal sister

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and a grandfather.

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It could be full. But I'm saying paternal because it's understood that full would certainly be more applicable. I just wanted to make it clear that it is also paternal. The maternal will not inherit in the presence of male ancestors maternal is not with us. With us here is what four and paternal are with us. Okay. What if I have one paternal brother and the one paternal

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They're What does the grandfather get?

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Third, wrong.

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We said the greater of if he shared with them, if he shared with them, she will get one fifth, he will get to fifth and he will get to fifth.

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Is that true or not?

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If he shared with them,

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she has a paternal sister. She gets half of the birth mother.

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And I am counting the grandfather as a brother. So imagine two brothers and one sister. Each brother gets two out of five, and the sister gets one out of five.

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But the two fifths is greater than one third.

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isn't one third is to sixth, right? to fifth is greater than to sixth.

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Okay.

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No, it's

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not two pips is greater than two, six.

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Okay, I told you guys, you're gonna go over math before.

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Okay, now

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this is in case there, there are no people with designated chairs. What if we have people with designated chairs? Okay, then here for an kanima Farben, I have a photo mechanic that I have zoom in and out sort of so badly, I will sue this Jamie and Matt. If there are other heirs was designated chairs, they will take their shares, and then the grandfather would be entitled to the greater of sharing with the siblings, like one of them, taken one third of the remaining estate after the subtraction of the designated chairs are taking one sixth of the entire estate.

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So now they're not there is a husband.

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And there is a grandfather.

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And there is too

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paternal

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or full, let's say for all this time to full brothers

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to full brothers, grandfather and a husband. Why does the husband get one half?

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Okay. So if we say the grandfather gets one third,

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that's too much, right.

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So what we will say here is that the grandfather will again, we'll get

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either

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the greater of instead of the greater of greater of one sixth of everything.

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One third of the remainder

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or sharing

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well with the brothers like one of them, in this case, in this case, one third of their demeanor, the remainder is equal to one sixth of

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the entire inheritance because the husband got one half. So one third of one half is like one sixth of all, okay, in this particular case, but if this was a wife with a different story, one third of the remainder will be greater than one sixth of the entire state. Right?

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Yes, because if she is a wife, she's getting one quarter, what is the remainder three quarters? What is one third of three quarters one quarter, one quarter is greater than one six or not? Yes, one quarter is greater than one sixth. So, then he will get what in this case one third of the remainder one third of the remainder will be better for him than one sixth of the whole state.

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The sharing was BDD be dependent on what the number of siblings here so if I have if I have

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let us so two full brothers. What what would sharing to be like here?

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Huh?

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It's the one sixth, this particular case, all of them are the same. He gets one sixth of the whole state. It's the same like one third of the remainder. It is the same like sharing with the brothers. You can play with it a little bit if it is a while.

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Here, then one third will be greater.

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If it is a wife, one third will be greater. What does that mean? One third will be greater if I have

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two full brothers. But if I have one full brother,

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one full brother, then the wife got one quarter, and I only have one full brother.

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Is it not better for him to share with him, if he shared with him, they will be sharing three quarters, let us say multiply six, eight. So each one of them will get three out of eight. And the wife will get two out of eight. Or I'm sorry, the, this is the wife, yes, the wife is getting two out of eight, each one of them is getting three out of eight, three out of eight is better than one third or not.

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Because one third would be three out of nine, three out of eight is better than three out of nine. Okay, great. So he gets the greater of, you know, one sixth of the whole estate,

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one third of

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remainder or sharing with the brothers and sisters, like one of them, but like a brother or sister like a brother, okay.

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Then

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he said, Okay, well what I did Abby kawada did he have this is a particular scenario. Now that is a little bit special, we will get into the special scenarios. And counting the paternal half siblings before exclusion

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will be avoided if you haven't followed for an external

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ninja who did some Kazuma Hassan inlandia Guna what I do in yorkton wahida photographers on this one my father divided up okay. And the mother which is counting the paternal half siblings before exclusion, the full siblings in this regard are just like the paternal half siblings, that is why we use using paternal siblings that tell you that paternal siblings when there are no full siblings there just like the full siblings in the absence of full siblings.

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But what if we have both full and paternal if there is okay. If there are more than one type that is full and paternal, the full siblings when count there will count to the paternal half siblings against the grandfather and then they will take this the their share. However, if the only full sibling is one sister, she takes half and the paternal half sibling or siblings take the rest. Okay.

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So I have here a grandfather.

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I have here

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a grandfather

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and I have full

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brother.

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And I have

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I have paternal brother,

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grandfather full brother, paternal brother.

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What does the grandfather get the greater of

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one third of the whole state

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are sharing.

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Now

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if I don't count this paternal brother, if I don't count it, what is the grandfather get?

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Half okay. So,

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the grandfather will come to the foot brother and say to him,

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this guy will not inherit in your presence we divided among ourselves.

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The grandfather will go to the full brother and say to him, the paternal brother does not inherit in your presence. We divide the estate among ourselves.

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Half and half. That the full brother will say to him, No. He is my brother. He inherits in your presence.

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He will say to his grandfather, he inherits in your presence. So he will count to him in the division. Push in between grandfather to his one third. Okay.

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Then, after the grandfather gets the one third, the full brother

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wouldn't say too bad Brother, you don't inherit in my presence.

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And he gets the two thirds.

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Yes.

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That is the that's the Absolutely.

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Because

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they didn't we say it's Java and kobelco, the erection, proximity strength, and in the foot brother is stronger, or the paternal brother, the foot brother is stronger, you know, then the paternal brother, so he will tell him, you know, you know, No, we don't.

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It's not like we are entitled to designated chairs, where we're inheriting as ossabaw. And if we're inheriting as as a bar, you don't take anything in my presence, I take the remainder. So anyway, so that is in wired, that is almohad there is one particular case in Wada in mahadasha. Okay, so let us say, let us say that

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it was a grandfather.

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And the full is not a full

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brother, it's a full sister. And we let's say we have three paternal brothers, three paternal brothers. What does the full sister do here?

00:26:33--> 00:26:57

She will say itself, say to the grandfather, these guys are like my siblings, they are my you know, they inherited your presence. So she will count them against her grandfather. So the grandfather then cannot say to her, I would inherit two thirds you inherit, or you inherit half, I would inherit half, she will push him into his one third.

00:26:58--> 00:27:34

Because she would counter those against them. And one third is better for him or sharing as a brother, one third is better for him. So she will push him. And after she pushes him after she pushes him to the one third, she does not, she doesn't act like the full brother now and get the remainder and say to the paternal. No, she will get half because what is her designated share? If the deceased was kelela, half, she doesn't get more than that. So she will get to the half and the one six will be divided among all the three paternal brothers.

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The remainder, not the one six, but rather we should say the remainder, which is one sixth, will be divided among all the brothers Ramya Have a question?

00:27:56--> 00:28:24

No, there is no difference. The the children that come from the concubine, the children's of the legitimate concubines, that's why can't concubines. The idea here is that even when you translate this, the translation itself does not make much sense because these children are just as legitimate. Like Alison, Elizabeth, he has his mother was a slave girl. She was, you know, the daughter of kisser. So

00:28:26--> 00:28:29

she was basically giving to his father.

00:28:32--> 00:28:53

So here's the idea. In general concubines, the children of hotjar alayhis. Salam she was a concubine. Are we saying that this might is not a legitimate child? No, absolutely legitimate, full blown legitimate. So it's now I would have inherited? Yes, absolutely.

00:28:54--> 00:28:56

Otherwise, that's basically the premise

00:28:58--> 00:29:16

that the covenant was given to Isaac. That is the premise that the Jews and Christians used to say that the covenant was passed on to Isaac, not a smile, because the smile was the child of the concubine, Isaac was the child of the of the free woman. Were saying that it doesn't make any difference, you know?

00:29:17--> 00:29:27

Anyway, so no, the children of the keybinds will will just get there is there is no distinction. Okay. Now

00:29:30--> 00:29:37

Okay, so that is now if the next case here is an actor a and it is we're saying here

00:29:39--> 00:29:57

in an actor a we're in Miami of Dolan and for the English students, aka we'll just do a sakata fo in life in academia. If there is nothing remaining after the designated chairs are distributed except one sixth, the grandfather will take it and the siblings will be precluded.

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

So the grant

00:30:00--> 00:30:09

Father will never give less than one sixth of the entire state. Let us say here I have a husband who is getting what what is this?

00:30:11--> 00:30:21

Okay. So, I have a husband I have a grandfather, I have three full brothers, I have a mother

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I have a mother I have a husband I have

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one

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one

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full

00:30:38--> 00:30:45

Wait a second yes one for brother or one maternal one paternal one paternal or one full

00:30:46--> 00:30:52

okay. So, husband, grandfather, mother

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husband and father mother

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what is the husband to get half because because of what the absence of children what does the mother get?

00:31:08--> 00:31:09

One third

00:31:11--> 00:31:14

because of the absence of children and multiplicity of siblings

00:31:15--> 00:31:17

what is the grandfather get

00:31:19--> 00:31:25

one sixth he doesn't get any less than that. What is the full brother get? Nothing

00:31:28--> 00:31:29

there is no more left

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

you cannot give the grandfather less he will get his one sixth anyway you can give him less and if there is nothing left for the brother there is nothing left for the brother

00:31:44--> 00:31:45

okay.

00:31:46--> 00:31:46

he'll

00:31:47--> 00:32:42

accept him in academia it's called the actor area actor a means from Qatar Qatar like you know, when you the muddy and problem, the muddy cause color equals impurity, because it ruins the method of day is a it's basically it's like a weird exception in the method of zide that is proven the his method in everything related to the inheritance of the grandfather and the siblings. So elefant akademija he has Elgin Oman. Whoa, whoa, don't watch out for ineligible genus what it omits 30th was the jet disorders. What an optimist Some may have sadness for doc to a certain subjective a nano mahalo selasa feitosa Herman Sabatino Holloman Mr. de Silva while Mahajan theory here okay.

00:32:43--> 00:32:57

If there is nothing remaining after the designated chairs are distributed except one sixth, the grandfather will get the ones that will when will take it and the siblings will be precluded exceptional akademija which consists of a husband,

00:33:00--> 00:33:01

her mother,

00:33:03--> 00:33:05

her grandfather,

00:33:06--> 00:33:07

and a sister.

00:33:09--> 00:33:10

Okay.

00:33:11--> 00:33:16

The husband gets one, okay, so so you know, we will explain it, you know, we don't have to read it.

00:33:18--> 00:33:54

But because I read everything, I should probably read it. So for the record, the husband gets one half the mother gets one third, that grandfather gets one sixth and the sister gets one half, then this is there is one half and the grandfather is one sixth or divided between them over three shares. So the problem will be resolved without fractions by making it 27 chairs. None of the problems of the grandfather will be subject to our proportionate reduction due to shortage except for this and in no other circumstances will assist there get a designated chair in the presence of the grandfather. What does that mean? Okay, he's saying here

00:33:55--> 00:33:58

we set before we set before

00:33:59--> 00:34:07

if this was a brother, if this was a brother, and you have a husband, you have a mother, you have a grandfather What did we say?

00:34:09--> 00:34:21

The brother is out. If this is the others out because one half one third one sixth, what is left? Nothing. If this was a sister, she will not be out.

00:34:23--> 00:34:37

Yeah, so the husband will get his one half. The mother would get her one third. The grandfather would get his one sixth. The sister will get one half.

00:34:39--> 00:34:40

Whenever the old state.

00:34:42--> 00:34:44

She is acting like

00:34:46--> 00:34:57

Zoo father or that Father, entitled to the designated chair designated chair is one half. So she gets in with her one half. Now. That's a problem, isn't it?

00:34:58--> 00:35:00

Okay, where's the problem?

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

here

00:35:03--> 00:35:06

Okay, so let us say,

00:35:07--> 00:35:07

okay,

00:35:09--> 00:35:11

let us say one, one half,

00:35:12--> 00:35:15

one third 161, half,

00:35:16--> 00:35:20

let's go up to say what was six, three over six

00:35:22--> 00:35:37

to over six to the no one over six, this is 161 over six, and one half is three over six. So three plus two plus two plus one plus three is what nine over six.

00:35:38--> 00:35:42

Okay, so you will give nine chairs, nine chairs.

00:35:43--> 00:35:53

Now, three, if you're given nine chairs, then this will get three over nine, this will get to over nine,

00:35:54--> 00:36:00

the grandfather will get one over nine, and the sister will get three overnight.

00:36:03--> 00:36:23

The grandfather and the sister together will be combined. So the grandfather and the sister, the sister is the one who got him the half. She got into this and she got one half. So now you combine them together and you say both are entitled to four nines.

00:36:24--> 00:37:13

Both both are entitled to four out of nine, four chairs out of nine. Then the grandfather will tell her she's she's coming and she's saying I am entitled to half of the state. And then the grandfather will tell her but when you inherit with me, I inherit with you like a brother. So in this case, I take twice as much as you take. So the four shares out of nine that we are getting together, let us divide them now I take two shares, you take one, can you divide four by three, so that she takes one and he takes two? You can. So what do you do in this case, whenever you have a problem, you multiply the four by three. So it will be 12. But you have to multiply the denominator as well. So that when

00:37:13--> 00:37:29

is not nine times three will be 27. So you have 12 over 27. And you have to multiply all the denominators, because we said this will be three, this will be three over nine. So the three over nine would be what?

00:37:30--> 00:37:55

Nine over 27. This will be two over nine multiplied by 36 over 27. So the mother is getting six out of 27. The husband is getting nine out of 27 and the daughter and the grandfather are getting 1212 out of 27.

00:37:56--> 00:38:29

Whenever we increase the denominator, it's called down it's called proportionate reduction due to shortage you know there is more shares than the estate. So proportionate reduction the shortage in this case that the grandfather will turn her now I take eight out of 27 you take four out of 37 because I'm inheriting like your brother and coming in here like your brother. So that will be it. That will be that is called the act that is the modeling problem it caused you know a lot of exceptions

00:38:35--> 00:38:35

Yes.

00:38:40--> 00:38:44

This is the grandfather the Father. Yes this is the father's father

00:38:47--> 00:38:48

it's the song

00:38:56--> 00:39:07

usually usually he will not get more here he got more because the sister enabled him the sister got in took half and yes

00:39:12--> 00:39:23

so now I will move to the another special masala which is a car and and her car is there a year that did not get married.

00:39:24--> 00:39:31

So, and her car means the foolish. She is an actor a year but she didn't get married.

00:39:32--> 00:39:35

So if she did not get married, there is no husband.

00:39:36--> 00:39:37

And

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

I'll read it for you. Well, lm yakushi has our candidate. Mr. rosewell Becky Badenoch $200. So to sum

00:39:46--> 00:39:59

it up is sahabah. Here. If there are no hospital if there were no husband, the mother would have taken one third and the rest would have been divided over three between the sister and the grandfather.

00:40:00--> 00:40:12

This problem is called the car due to the many different opinions of the companions concerning it. So we that what is it? akademija like Daria was a husband,

00:40:15--> 00:40:16

her mother,

00:40:18--> 00:40:21

her grandfather, and a sister,

00:40:22--> 00:40:37

and intellect that a year, we eventually, you know, made it out of 27. And you remember like that? Okay, in akademija. Without the husband, the husband is not there. Why does the mother get

00:40:38--> 00:40:59

what does the mother get in the absence of children are the multiplicity of siblings, one third, she gets her one third, then the rest will be divided between the grandfather and the sister, the rest will be divided between the grandfather and the sister to to one, he is inheriting like a brother to two, one.

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

Now, there are two special ones that are remaining, and then I'll cover two more special ones, and then we'll be done. And then if you want to go over sort of exercises like resolving different cases, you could give me the cases and we could resolve them. Or if there is no time, people can leave whenever they want to leave. So the two cases that I have left now, we said that haka is at their area, but she didn't get married. Now, the next one, which is motors are outside his car, but she has one

00:41:39--> 00:41:47

one paternal brother and one paternal sister, when I can amount to the Abdullah Hartman or Barton will have seen or to send them.

00:41:49--> 00:41:58

If there were a paternal half brother and a paternal half sister, then the problem could be resolved without fractions by making 54 shares. This is called democracy.

00:41:59--> 00:42:07

Let us finish the other one because it's similar for in Ghana, Mom, acuna. Herman. So how does he know to submit, he needs it.

00:42:08--> 00:42:55

If they have another paternal half brother, it would be resolved by making the shares 90 this is called the same thing as either resides 90. Well, I feel I feel scattered here for a minute Oh, no, there is no disagreement or blocking the maternal half siblings and the children of the siblings by the grandfather. So the grandfather will block all the siblings or the children of the siblings, and will block them at all the maternal half siblings, only the people who will compete with him are the full and paternal siblings. Now. So matassa rockside, this is about math, more than about anything is entertaining, it's a both are about math, we said this is an hochkar is just like an actor, a

00:42:55--> 00:43:14

husband, mother, grandfather, ancestor, but she didn't get married. So the husband is not there, it's mother, grandfather and sister now in Mufasa, died would be a The idea is that the denominator would eventually have to be 54. Because

00:43:15--> 00:43:24

we added one paternal brother, and one paternal ancestor we have is one paternal brother and one paternal sister.

00:43:27--> 00:43:30

Right? Okay. So,

00:43:32--> 00:43:35

if we add one paternal brother and one paternal Sister,

00:43:36--> 00:43:40

why are we going to have here? What is the mother getting in this case?

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

One second.

00:43:47--> 00:43:49

Because of the multiplicity of siblings here.

00:43:52--> 00:43:55

Okay, what does the grandfather get?

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

The greater of

00:44:03--> 00:44:04

one sixth of the whole estate,

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

third of the remainder

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

and

00:44:13--> 00:44:15

share with them like a brother.

00:44:16--> 00:44:17

So

00:44:20--> 00:44:24

one third of the remainder, sharing with them like a brother.

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

One is one third through the remainder.

00:44:31--> 00:44:31

Hmm.

00:44:33--> 00:44:38

So the remainder, the remainder here is going to be what? Five over six?

00:44:40--> 00:44:42

How do you get 135 over six

00:44:43--> 00:44:50

multiplied by three because you can't move the divide five by three. So 18 over 18 is

00:44:53--> 00:44:59

because I am saying that he wants to get one third of five shares. How do you get

00:45:00--> 00:45:28

You will end up with fractions. The mother took her one sixth already, what I have left is five, six. And I want one third of the five, six. How do you divide five by three, you can divide five by three without fractions. We don't want fractions, multiply the multiply by three, then it's 15 out of 15 shares out of 18. That is the remainder. What does he get? 15 out of 18.

00:45:29--> 00:46:05

Five out of 18 he gets one third. One third is like sharing with them. Because we have one sister, two sisters here and one brother. So two sisters and one brother, two sisters, each one would get one, two, and the brother gets two and the grandfather gets two. So it is the same one third is like sharing with them. Okay, so what is then how do they then divide this among themselves? The sister paternal brother and paternal sister?

00:46:06--> 00:46:12

What is left for them? He got five out of 18 the mother got what?

00:46:14--> 00:46:15

Three out of a team.

00:46:16--> 00:46:20

Right? So eight out of 80.

00:46:40--> 00:46:42

That is whatever is left.

00:46:44--> 00:46:45

Five out of 18.

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

Three out of 1810 out of 18. How do you vide? How do you divide? What what how do we

00:46:55--> 00:47:06

we have now a sister, a paternal brother and a paternal sister. Okay, so what does the sister get the full sister get here.

00:47:09--> 00:47:13

Five out of 18 as you will have to get her half.

00:47:14--> 00:47:15

Right,

00:47:16--> 00:47:18

she will have to give her half.

00:47:19--> 00:47:26

That is five out of 18. The paternal siblings don't compete with her. They take

00:47:27--> 00:47:46

the rest. They don't compete with her she will get her half first, because she is a full sister. She is stronger. So you have the three paternal you have the paternal brother and paternal sister what is left for them five over 80 and five shares out of 18.

00:47:48--> 00:48:08

What does the brother get and the sister the brother gets two shares and the sister gets one share. So then you divide five by three, can you divide five by three, he cannot. That's the crux of the whole thing, you will just multiply 18 by three, it becomes 54.

00:48:09--> 00:48:37

And then this becomes 15. So the paternal brother would get 10 out of 54. The paternal sister will get five how to 54. And the material, the full sister will get five multiply the 18 by 354, she will get 50 out of 54. The grandfather who was going to get five out of 18 we'll get what?

00:48:39--> 00:49:03

Multiply five by 315 out of 54 she was going to get 50 out of 80 multiply by 350 439 out of 54. So nine plus 15 is 24 plus 15. Nine plus 15 is 24 plus 15 is 39.

00:49:06--> 00:49:35

plus 1049 plus five is 54. Now Now the the case. So what if what if instead of and this is all math, why then instead of one paternal sibling, there was actually two paternal to protect one of the one paternal brother there were two paternal brothers, two paternal brothers so

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

well

00:49:50--> 00:49:52

no, wait a second. No, no

00:50:05--> 00:50:14

No, you will have to change you. If you have one paternal brother, then the another paternal brother, then you will squeeze the grandfather

00:50:23--> 00:50:24

back grandfather, he would be squeezed.

00:50:31--> 00:50:36

If I have this, what does the mother get to paternal brothers? What does the mother get?

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

One thing?

00:50:41--> 00:50:42

What is the grandfather gift?

00:50:44--> 00:50:45

The greater of

00:50:47--> 00:50:53

one third, or sharing with them, he wants to get one third. Right?

00:51:04--> 00:51:10

He will get one third of of the remainder. So that's let's say let's make it a team.

00:51:15--> 00:51:17

And the mother has given the 18th

00:51:18--> 00:51:20

and the grandfather is getting

00:51:22--> 00:51:28

Wait a second. The grandfather is getting one third of the remainder

00:51:30--> 00:51:32

which was five over 18.

00:51:36--> 00:51:37

The sister

00:51:38--> 00:51:39

here

00:51:40--> 00:51:47

paternal brother to Brother brothers and so the sister here will be getting what?

00:52:07--> 00:52:10

My grandfather's getting five by 18?

00:52:11--> 00:52:17

Yes, one third of the remainder. Okay, so what do we have left?

00:52:23--> 00:52:24

over 18?

00:52:32--> 00:52:35

Yes, there is over a teacher that says

00:52:39--> 00:52:40

yes.

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

Brothers and sisters.

00:52:46--> 00:52:48

You will get no no wait a second.

00:52:49--> 00:53:01

We actually okay. She will get half of the entire estate. And then we What did we say about Mufasa died? We made a mistake then the last one?

00:53:06--> 00:53:09

Yeah, we made a mistake. Let's go back to methoxide.

00:53:13--> 00:53:18

Okay, this is one brother here. Okay, sorry. Sorry, sorry.

00:53:25--> 00:53:28

The mother got one sixth, the grandfather Got what?

00:53:32--> 00:53:47

Wait a second, the grandfather is getting what is left fine for her sex. Let's do that at first. So the mother has given z over 18. The grandfather has given five over 18 the sister that what did we give her last time?

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

No.

00:53:56--> 00:53:58

Yeah, she gets nine over 18.

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

Because

00:54:08--> 00:54:12

that is what we are saying that she does squeeze the grandfather.

00:54:15--> 00:55:00

know he is getting one third of the remainder which is five over 80 and she's getting nine over 18. He's getting five over 18. And we have three over 18 for the mother three plus five is eight plus nine is 17. So the paternal brother and the paternal sister are getting one over 18. And, you know, I'm sorry, the last one was you know, just completely remove whatever is the last one. So, the the, the one over 18 here will have to be divided by three because we have one paternal brother and one paternal sister. Is that correct or not? So in order for you to divide this by at any moment

00:55:00--> 00:55:15

Apply the 18, it will be 54. And then three, the brother will get to over 50 for the sister, the paternal brother will get to over 54, the paternal sister will get one over 54. And then I have the

00:55:16--> 00:55:24

the sister here is getting 27 over 54 this grandfather here is getting what

00:55:25--> 00:55:34

15 over 54 and this mother is getting what? Nine over 54 that is more facilidade sorry.

00:55:36--> 00:55:44

Okay, now, in order for you to make this to say in a design or designs 90, then

00:55:45--> 00:55:50

keep everything, keep everything keep the mother at. So

00:55:52--> 00:56:04

the one over 18 here. Yeah. So that this, this is what this is five over 18 this is three over 18 keep everything like it is but add one paternal brother.

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

So I have one paternal brother and one paternal sister, the whole get one out of 18

00:56:13--> 00:56:52

paternal brothers and one sister that is five shares two for each brother and one for the sister five shares, I want to divide the one by five I'll get fractions, multiply the 18 by five. And instead of multiplying the 18 by three or you got the 54, you multiply the 18 by five, you get 9090. Okay, so each paternal brother will get two out of 90, each paternal sister will get one out of 90, I have two paternal brothers, each one of them is getting two out of 90.

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

And then she

00:56:57--> 00:57:45

Okay, so the nine over 80. Now multiply by five, it will be five for the five over 95 over 18. Multiply the five will be 25 over 93 over 18 it will be three times five is 1515 and 25 is 4040 and 45 is 8585. And two is 87. To 89. Because two brothers here to earn 287 89 and the paternal sister will get one that's 90 out of 90. So that is matassa rockside. And that is the same as a

00:57:47--> 00:57:48

grandfather.

00:57:51--> 00:57:52

Why did the grandfather

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

the grandfather got five over 18? Because he gets one third of the remainder

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

after the mother and the sister?

00:58:05--> 00:58:08

No, not after the mother and the sister. That's the idea here

00:58:10--> 00:58:20

after the mother only have after the person was designated share only which is the mother and then we figure the problem between him and the sister afterwards.

00:58:23--> 00:58:35

Well, that is that that is why we said in the beginning and acted as the muddying problem because after you do this, the sister would come in and say I'm entitled to half of everything.

00:58:36--> 00:58:45

They didn't we say this when we have the husband when we have the akademija with you as the husband and the mother and the sister and the grandfather

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

Didn't we have whether they have this problem?

00:58:54--> 00:59:14

The other the act that a year after the sister said I am entitled to everything the grandfather came and fought with her and took two thirds and gave her one third of the remaining here he cannot do this because she has siblings and she's counting the siblings against them

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

what

00:59:20--> 00:59:27

she is counting the siblings against them, but she is saying to the siblings I am stronger because I am a full sister

00:59:30--> 00:59:31

not closer stronger,

00:59:33--> 00:59:43

because you know siblings are always close to each other but in terms of strength, you know so do you have core core which is the erection, proximity and strength.

00:59:49--> 00:59:54

You like just trying to like the further exercise

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

what will give me like a case

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

We could resolve it together.

01:00:16--> 01:00:20

Okay, so so survivors is the 71 daughter,

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

five daughters,

01:00:26--> 01:00:27

one son,

01:00:28--> 01:00:29

wife,

01:00:32--> 01:00:58

two full brothers, and one full sister. Once you say once you say, son, you're removing them, you're removing the brothers and sisters. So, you will make it a very simple case then. So, and once you say, son, the daughters do not inherit, physically the chairs they'll inherit. So what does the wife get in the presence of children,

01:00:59--> 01:01:22

one eighth, and the rest will be divided between the five daughters and the one son, the rest will be divided the seven eighths will be divided between the five daughters five daughters will get each five, and the sun will get to. So you will get you will need to divided by seven. So Seven, eight,

01:01:23--> 01:01:31

that seven, the sun will get to eighth and each one of the daughters will get one eighth.

01:01:32--> 01:01:35

Because that's that's the easiest one here.

01:01:38--> 01:01:39

Okay, another one.

01:01:43--> 01:01:44

The same exact thing.

01:01:50--> 01:01:57

Like 40 foot the diagram that the Father is the left if the mother is the neck that does not change anything. Right?

01:01:58--> 01:02:07

The father is the link is the mother is the length. So I have grandfather from the mother's side. And siblings from the mother's side.

01:02:13--> 01:02:36

Know the grandfather from the mother's side does not inherit and the siblings from the mother's side the inherit one sixth for in the in the absence in the absence of any male and sisters in any male children the inherit 1641 No, it's not. It's not the same. Yeah. Any case that you remember from your family or something

01:02:38--> 01:02:40

to do with raining Yes.

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

three

01:02:46--> 01:03:05

songs, three songs you guys like if once you get songs in the case, exemplify that? Do you have any? Once you get songs in the case, because the songs will black everybody there. So okay, give me three sons, one daughter, husband,

01:03:06--> 01:03:07

husband,

01:03:09--> 01:03:15

and two parents, mother and father, the first

01:03:17--> 01:03:22

four siblings, once you have sounds, then there is no use mentioning the siblings. So

01:03:23--> 01:03:29

how do you start resolving any such case? The husband will get what?

01:03:30--> 01:04:07

One? Fourth? Why is he given one four is because of the presence of children? And what does the mother get? You will not talk about the kids because the kids will inherit the remainder. So what does the mother get one sec, because of what because of the presence of children. And what does the father get? One six also because of the presence of what may children because of there's female children, he gets one sixth and remainder. But because of the presence of male children, he's given only one sixth. And so in this case,

01:04:09--> 01:04:35

where do you want to go if there is six you go to 12 so to over 12 to over 12 and three over 12. What is the remainder 224355. The 12 minus five is seven over 12 between the three sons and one daughter

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

to over 12 to over 12 seven, two to 4370

01:04:47--> 01:04:48

you guys made a difficult

01:04:49--> 01:04:55

fight five over 12 three sons and one daughter. They are getting five shares.

01:04:56--> 01:04:59

Can you divide five by seven

01:05:00--> 01:05:46

You can divide five by seven, just multiply the multiply the five by 735. multiply this by seven what is 12 by 784. So multiply three by seven, between one over 84. multiply two by seven would be 14 over 8414 over 84. And then 35 to 35 will be divided by seven. So each sign will get 10 out of 84. And the doctor will get five out of 80 for another one. I don't know sons.

01:05:48--> 01:05:52

Because I will be redundant if we mentioned sons. Yes.

01:05:54--> 01:05:56

Okay, so someone's daughter,

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

mother.

01:06:03--> 01:06:04

Wife, okay.

01:06:06--> 01:06:08

So what what do you think? Where do we start?

01:06:12--> 01:06:13

Start with the wife.

01:06:14--> 01:06:23

We have sons daughter, one sons daughter, okay. One sons daughter, mother and wife started with a wife. What does the wife get?

01:06:26--> 01:06:30

one eighth, because there is a son's daughter inheriting offspring.

01:06:32--> 01:06:34

What does the mother get?

01:06:35--> 01:06:40

One sex because of there is inheriting offspring. What does the song's daughter get?

01:06:42--> 01:06:43

One half.

01:06:46--> 01:06:46

Hmm.

01:06:49--> 01:07:06

We, that is why we always said inheriting offspring, he inherited the offspring, in the absence of inheriting offspring, because the mother will get one third in the presence of inheriting offspring to the mother, we'll get one sixth.

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

Okay, so what do we do with this case?

01:07:15--> 01:07:53

redistribution say Oh, great, thank you. Why because we have here extra, so redistribute among whom, but this is eight. So it will go to 24 and once you see it, go to 24 so this will be three or 2424 four, and then 2412 over 2412 over 24 and so I gave her I gave the wife the wife does not get come back with us in the redistribution nor the husband. So she will get the three over 24 now,

01:07:54--> 01:08:21

and then I will have 12 and for this reason redistribution is easy. She's getting 12 over 24 she's getting for over 24 What is 12 plus 416 simply make the denominator 16. And the mother will the mother will get four out of 16 and the son's daughter will get 12 out of 16 easy.

01:08:27--> 01:08:36

redistribution, yes redistribution does not include the spouses but it includes everything else was given a designated share except to the spouses

01:08:38--> 01:08:45

and the present in the absence of what we're presuming here what we're presuming you know asaba

01:08:46--> 01:09:08

There will never be this redistribution if there is any asaba there is no male relative whatsoever. here that is coming the connected sort of pattern and made a relative pattern and maedhros Okay, that is like uncle uncle's a brother that is like nephew that is like

01:09:10--> 01:09:11

a great uncles,

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

brothers,

01:09:14--> 01:09:21

uncles, sons, great uncle sons and so on. Okay, one more. Yes. The brain

01:09:23--> 01:09:25

to parents, so mother.

01:09:27--> 01:09:27

Father,

01:09:29--> 01:09:30

one brother.

01:09:32--> 01:09:42

Okay. Once you say Father, you don't need to mention siblings, because the siblings will never inherit with the Father. So

01:09:43--> 01:09:58

in this case, how do you divide this? What is the only Soto's she will get one third, right. What does the father How does the father inherit in the absence of children? Rest remainder

01:10:01--> 01:10:05

Yes remainder Okay one more

01:10:19--> 01:10:23

kin would inherit only if there is no

01:10:25--> 01:10:28

heirs that will get you know,

01:10:29--> 01:10:39

no heirs then other kin that will not harm would inherit if there is no heirs designated or also bought or residuary heirs. Yes.

01:10:43--> 01:10:44

Daughter,

01:10:46--> 01:10:47

sons daughter,

01:10:50--> 01:10:52

grandfather,

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

one maternal brother

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

and the mother.

01:11:03--> 01:11:32

Okay. So, the first thing that we need to do is to do what to see who does not inherit, the material brother will not inherit, he does not inherit in the presence of inheriting offspring, and he does not inherit in the presence of male ancestors. Okay, so where are you going to start here, start wherever you want, there are no spouses. So start wherever you want to give the designated chairs affairs to because the province in southern Southern California in the Bay Area.

01:11:35--> 01:11:36

Give the designated chairs first.

01:11:38--> 01:11:49

That grant that grandfather in the presence of any male female offspring. What does the grandfather get in the presence of female offspring?

01:11:50--> 01:11:54

One six plus the remainder plus remainder.

01:11:56--> 01:12:09

Okay, now what does the mother get? In the presence of female in the presence of offspring? Any offspring? She gets one sixth. Okay. What does the daughter get?

01:12:10--> 01:12:19

One half. Sons daughter, what does she get in the presence of a daughter who took the one half? One six?

01:12:21--> 01:12:35

So what do I have now? One half 161616. Then Is there a remainder? No. What did the grandfather get? Only is one sec. Another one?

01:12:37--> 01:12:38

Yes.

01:12:42--> 01:13:33

Then we will have to keep the we will come to murasa. It is a chapter by itself. But we will have to keep we'll have to presume we have twins. And we will have to keep you know, the greater share of two, two female fetuses or two male fetuses, whichever is greater because the female could be greater. You know, if you have two daughters, if you have two sons, our two daughters, the $2 could have greater than the two sons. How come? Because they will take two thirds and the it's naturally that way. But the sense can let take less than the two thirds of the remainder of the inheritance is less than two thirds. Okay. So what what, but that is a chapter by itself. Like quickly another

01:13:33--> 01:13:35

case? Yes.

01:13:42--> 01:13:43

Grandfather.

01:13:47--> 01:13:55

He's not with us. That is why the first thing that is why the yes because you're not here you're delinquent.

01:14:01--> 01:14:06

said that the grandfather that inherits his only job, the Sahaba.

01:14:09--> 01:14:22

The job is the paternal grandfather, not the maternal grandfather. So okay, so you told he said grandfather from the mother's side is not inheriting who else.

01:14:27--> 01:14:28

Okay.

01:14:35--> 01:14:48

Okay, grandmother. So you have a grandmother and a mother. Don't mention the grandmother in this case, because the grandmother does not inherit in the presence of a mother. So you only have a mother. What else do you have?

01:14:49--> 01:14:50

Grandfather

01:14:57--> 01:14:58

how many siblings

01:15:02--> 01:15:05

Know that no, this is a grandfather, this is not the father.

01:15:06--> 01:15:08

Two brothers. What else?

01:15:16--> 01:15:31

Well, we said that this chapter by itself, we will keep for the fetuses the greater share, we will presume that they are either two boys or two girls or whichever is greater. We will keep that for them.

01:15:33--> 01:16:01

Okay, so this is the end of it. Well, the end of it. Okay, so what does the mother get in the presence of multiplicity of siblings, one sixth. What does the grandfather get here, here we have someone with a designated chair. So what is he entitled to the greater of what, one six of the whole thing one third of the remainder and dividing it with the brothers among themselves.

01:16:02--> 01:16:51

In this case, one sixth of the whole thing is, is better, or one third of the remainder, one third of the remainder is better, one sixth of the whole thing will be equal to one third of the remainder, in which case, if I have someone who took half of the estate, then one third of the half is like one sixth of the whole, if I have any one who took less than one half of the estate, then the grandfather would always have what one third of the remainder would always be better than one six of the whole state. What remains to be figured out is, one third of the remainder is better for him, or sharing with everybody else. In this case, one third of the remainder is better than him or

01:16:51--> 01:17:09

sharing. They're the same, because there are two brothers. But if this was one brother and one sister, what is better for him sharing, because he will get two fifths and why the brother will get two fifths, and the sister will get one fifth. Okay, one more.

01:17:14--> 01:17:15

Two sisters.

01:17:17--> 01:17:20

What else? Two brothers.

01:17:21--> 01:17:27

And I am doing this so that you use, you can see that you are able to resolve your

01:17:28--> 01:17:29

two sisters, two brothers,

01:17:31--> 01:17:32

mother

01:17:34--> 01:17:35

and a grandfather.

01:17:38--> 01:17:39

The mother will get.

01:17:40--> 01:17:45

Okay, so do I have a spouse here to start with? No, I don't have a spouse to start with.

01:17:47--> 01:17:48

No, it's fine.

01:17:50--> 01:17:56

But the to the to the mother will get what? one sixth.

01:17:59--> 01:18:13

And so the grandfather, the grandfather has, okay, so the grandfather, close to the same. And the last one, you know, the grandfather gets what? one sixth, the whole thing, one third, you know,

01:18:15--> 01:18:56

forget about the one sixth of the whole thing because he would not like this unless someone took half or more. But if the people with designated chairs took less than half, forget about one sixth of the whole thing, one third of the remainder are sharing with them here, one third of the remainder will be better for him or sharing with them one third of the remainder because there are too many, once there are too many siblings, he doesn't want to share with them. So you know, one third of the remainder and the whole thing would be better for sharing with them will be better for him only if we have one brother, or

01:18:58--> 01:19:39

two or three sisters or less, or one brother, or one brother and one sister. Once you have two brothers, or four sisters, or two brothers and two sisters, or one brother and two sisters, one brother and two says you know you got it, you know. So anyway, so here in this case, he will get one third of the remainder, that is one third have five, six, and so this will go to 18. So he's getting one third of

01:19:40--> 01:19:41

five, six.

01:19:43--> 01:20:00

The remainder after this she gets 318 he will get five of 18 because the remainder is 15 because my mom took one six, which is three over 80. So he got five over 80. She got three over at that

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

is eight over 18.

01:20:02--> 01:20:36

Now, this multiplicity of the inherent together now, two sisters and two brothers, what is left for them? 10 out of 1810 out of 80. How many do we have two sisters and two brothers, each brother gets two shares, each sister gets one share, we want how many shares? We want six, divide 10 by six, it doesn't get divided by six. So multiplies 18 by six is what?

01:20:38--> 01:20:42

Six times six times 10 is 66 times eight is what?

01:20:44--> 01:20:45

For the eight

01:20:46--> 01:20:57

so 106 108 Okay, so multiply 10 by six will be 60. Right?

01:20:58--> 01:21:04

So each brother will get we have six chairs, we will you know

01:21:09--> 01:21:25

exactly 20 over 108 for each the brother and sister we'll get 10 over 108. Okay, when we make it 108, then we'll have to divide. So we multiply this

01:21:28--> 01:22:06

100 that eight 182 multiply 18 by what to get to 108 by six, right? So multiply the three by six then 18 over 108. Multiply the five by six then 30 over one away. So 30 and 18 is 4848 and 1040. forgiven 1058 6868 and 2888 88 and 20 108. So we have no fractions. Okay, another one anyone can leave at any time but another one? Yes.

01:22:07--> 01:22:08

One daughter.

01:22:10--> 01:22:11

One mother.

01:22:14--> 01:22:15

four sisters.

01:22:17--> 01:22:18

And what?

01:22:20--> 01:22:24

five brothers, you made it easy now because the five brothers.

01:22:26--> 01:22:27

Okay, what else?

01:22:28--> 01:22:37

Okay, that's it. One daughter, one mother, four sisters, five brothers. What does the mother get in the presence of children?

01:22:38--> 01:22:49

One sex. What does the daughter get in the absence of other in the absence of she has no sisters or brothers. She gets one half.

01:22:50--> 01:22:51

Okay.

01:22:52--> 01:22:58

Now the sisters and the brothers. What is left for them?

01:22:59--> 01:23:42

one third, one third. They divided this one third among themselves. We have four and five. The four sisters will get for the five brothers will get 10 chairs, you know. So you want 14 chairs, simply, you know. So So let's say that. They're given two out of six. She's getting one out of six. She's getting three out of six. Divide that multiply the six by what? 14? What the six by 1460 and 84. Right? multiply the two by 1428 28. We said

01:23:45--> 01:23:49

we said they are getting 28 out of 14. So

01:23:51--> 01:23:52

each brother

01:23:54--> 01:23:55

will get

01:23:56--> 01:23:58

they're both getting 14.

01:24:00--> 01:24:04

Okay, so each brother gets four

01:24:06--> 01:24:10

and each sister gets to call the baby four.

01:24:12--> 01:24:16

Okay, each brother, each sister,

01:24:17--> 01:24:25

the mother is getting one sixth, we multiply six by 14. So she's getting 14 out of 84.

01:24:26--> 01:24:28

Multiply the three by 14.

01:24:31--> 01:24:33

So this is getting what?

01:24:34--> 01:24:50

Three by 14 is 30 and 4242. Yes, so it's half. It's one sixth. And then all of this is just to avoid fractions. Okay, what if you did not have brothers here?

01:24:56--> 01:24:59

Okay, so what if it is maternal brothers and sisters

01:25:02--> 01:25:04

Okay, okay

01:25:06--> 01:25:07

all right.

01:25:09--> 01:25:41

The maternal brothers and sisters, let me first remove this and then add the paternal maternal. So if I remove the the brothers, what is how are we going to divide this? What is the mother getting in the presence of four sisters and daughter the same thing six? What is the dollar getting the same thing half? What are the sisters getting the rest? How come we did not ask about uncle's or other Autobot? Because in the presence of daughters, the sisters act like

01:25:42--> 01:25:48

the sister becomes like a full brother in the presence of daughter and she gets the remainder.

01:25:49--> 01:26:04

Okay, so you want to add now her maternal siblings? Where do you want to add the maternal siblings? Like you want to keep this or where you want to the device? Another one? There is it?

01:26:09--> 01:26:20

Okay, guys, let me tell you, let me tell you one case that is also special. It's called the Osaka, Osaka or Osaka or an MRI or a hatchery. So it is

01:26:21--> 01:26:26

but we have Belize don't really care about it because there

01:26:27--> 01:26:28

but

01:26:29--> 01:26:33

but let me tell you this. So what if I have a husband

01:26:36--> 01:26:38

and I have a mother

01:26:40--> 01:26:41

and I have

01:26:43--> 01:26:47

to not turn them siblings.

01:26:48--> 01:26:59

And I have two full full siblings, two full siblings to maternal siblings, a mother and her husband.

01:27:02--> 01:27:03

What is the husband giving?

01:27:04--> 01:27:05

One half?

01:27:07--> 01:27:08

What is the mother getting?

01:27:09--> 01:27:10

one sixth?

01:27:12--> 01:27:15

What are the maternal siblings and siblings getting?

01:27:16--> 01:27:20

They have a designated chair. What are they getting? maternal siblings?

01:27:22--> 01:27:34

maternal siblings one third because one sixth of its one maternal sibling. More than two more or more mature more maternal siblings are getting one third. They got one third.

01:27:35--> 01:27:36

What

01:27:37--> 01:27:38

is happening here?

01:27:40--> 01:28:06

What is happening here? The maternal siblings got one third the the full siblings walked out without nothing. That ham berries would say yes. That is what you know. That's what it is. Just take it or leave it. And then okay. But the man I think it's the Madison Chavez will say no, we, that's not gonna work.

01:28:09--> 01:28:36

Twice had a case like this one time he said, we will do it. Well, well, that's what it is. You know, that's what the Quran says the maternal siblings have designated chairs, these full siblings, they don't get designated chairs, they get the remainder. So just that's it. Then they said to armor the alarm on the full siblings. The full siblings are saying that this disease

01:28:39--> 01:28:42

the mother of the disease is our mother

01:28:44--> 01:28:46

and the father of the disease is our father.

01:28:48--> 01:29:00

The difference between us and the maternal siblings? Is that for the maternal siblings, the mother of the deceased as the mother is the mother just like she is ours. But the father is a different father

01:29:01--> 01:29:09

have an advantage? Hey Martin suppose that our father was a donkey have an abana can I

01:29:10--> 01:29:17

suppose that our father was a like a rock and someone threw it in the in the ocean?

01:29:19--> 01:29:31

just disregard the fact that we share the same father this regard to that fact consider the Our Father to have been nothing a rock or a donkey or something.

01:29:33--> 01:29:36

At least we should take like them.

01:29:37--> 01:29:59

Okay, so one time Omar said no. And one time Omar said okay, I will make you share with them. How do the share with them? The maternal siblings get equal shares males and females. If the if the full siblings come in with them, everybody

01:30:00--> 01:30:03

whether male or female, everybody will get one share.

01:30:04--> 01:30:09

Because here they are inheriting through their mother only

01:30:10--> 01:30:29

because we consider them to be maternal siblings, even though they are full siblings, but being full siblings hurt to them did not benefit them. So we weren't considering the father to be non existent. And we were giving them through their mother. And if they're given them through their mother, each one will get one share, regardless of their sex.

01:30:31--> 01:30:43

Okay, and that is not the Hungary position is the Hanbury position will give the one third to the maternal siblings, and we'll have them full siblings walk out with nothing. Yes.

01:30:50--> 01:30:55

That direction, proximity strength jaha core band, CO.

01:31:00--> 01:31:13

Okay, they are closer. But do they have designated chairs in the Qur'an? They don't. They, they had they get the remainder. So they get only the remainder.

01:31:14--> 01:31:21

In some scenarios, they will get part of the inheritance and the maternal siblings would get nothing.

01:31:22--> 01:31:33

The maternal siblings would only get something if there are no siblings. If I have a daughter, if I have a daughter,

01:31:34--> 01:31:36

if I add a daughter here,

01:31:38--> 01:31:39

if I add a daughter here,

01:31:41--> 01:31:42

and

01:31:43--> 01:32:14

Okay, so I added the daughter, I removed the husband added a daughter, what does the mother get? One six? What does the dollar get one half? What does what do the maternal siblings get? Nothing. They don't get anything in the presence of a daughter. What do that full siblings get? After the one half that will go to the daughter and the one six that will go to the mother, he will get the rest. They will get the rest. They are stronger.

01:32:15--> 01:32:24

But they don't have a designated chair. So if there is no remainder, there'll be stuck. The maternal siblings

01:32:25--> 01:32:32

if they would inherit because there is no one to block them from inheritance and that's male ancestors and children.

01:32:34--> 01:32:38

They will have the designated chair so it's not about the remainder.

01:32:42--> 01:32:44

maternal siblings in this scenario

01:32:46--> 01:32:50

How come zero Mother mother got one sixth the daughter got one half

01:32:52--> 01:32:57

no the mother and seven exam not getting anything because of the daughter that is present.

01:32:58--> 01:33:05

The maternal siblings do not get anything in the presence of inheritance offspring or male ancestors. Yes.

01:33:08--> 01:33:09

Go ahead. Yes.

01:33:11--> 01:33:12

One daughter

01:33:19--> 01:33:21

one farm father, mother's mother.

01:33:23--> 01:33:30

Mother's father's mother's mother. So your remaining maternal grandmother? mother's father.

01:33:32--> 01:33:37

The mother's father's not with us because of the maternal grandmother. Father is not with us.

01:33:40--> 01:33:43

Brothers, two full brothers.

01:33:44--> 01:33:45

One full sister.

01:33:46--> 01:33:53

One paternal sister Okay, so who's who's going to divide this?

01:33:55--> 01:33:56

one wife

01:33:57--> 01:33:59

Okay, one wife.

01:34:00--> 01:34:02

So who's going to divide this?

01:34:03--> 01:34:06

Okay, the wife wants to see get

01:34:07--> 01:34:08

one as to why?

01:34:11--> 01:34:12

Because we have children.

01:34:15--> 01:34:16

We have a daughter here.

01:34:17--> 01:34:31

Okay, what does the daughter get? One half. What does the father get in the presence of female offspring? One six plus the remainder if he will get have any remainder, but at least he will get one second.

01:34:33--> 01:34:40

We have a maternal grandmother. What does the maternal grandmother get in the absence of a mother? One sick

01:34:42--> 01:34:43

Okay.

01:34:44--> 01:34:55

What What do the full siblings who have two full brothers and two full sisters and paternal paternal sister paternal sisters out

01:34:56--> 01:34:58

you know if you have full

01:35:00--> 01:35:23

Except if you have like a full sister, and then the paternal sister will get the one sixth, or you have a full sister and then you have brothers and sisters, and there is a remainder, they'll get the remainder. But now you have full brother in the presence of the full brother, the paternal brother will be out. Okay, so

01:35:25--> 01:35:48

Oh, I have a father. Okay, so forget about it. But if this was not a father, there was no father here, I would have said they would get the remainder. If there was no father, but since there is a father, then the whole thing is moved. Okay, so I have a wife, I have a daughter of a father of a maternal grandmother. And

01:35:50--> 01:36:05

so 16161 and a half and one is, does the father get anything left? Yes, he will get something because one half what is one he has less or one sex.

01:36:06--> 01:36:16

Once you have eight, go to 24. So one, eight is three over 24. One half is 12 or 20 416 is what

01:36:18--> 01:36:51

is for over 24. So and the fact that he is also given one six, which is another four over 24. So four, and four is eight. And 12 is what 20 plus three is what 23 I have one, one out of 24 shares is left who gets it the father because the father here gets sick 160 plus the remainder in the presence of female offspring.

01:36:53--> 01:37:07

No, once redistribution only applies if you don't have asaba. If you have ossabaw residuary heir, they get the remainder. There is no point in redistribution when you have someone who gets the remainder.

01:37:16--> 01:37:19

But he has this plus the remainder.

01:37:21--> 01:37:35

He has Asada plus the remainder as possible. So, yes. Okay. And then we will just cancel the questions and answers Just give me one or one or two more cases.

01:37:36--> 01:37:37

Okay.

01:37:44--> 01:37:45

Give me a case.

01:37:46--> 01:37:47

One wife,

01:37:48--> 01:37:49

one daughter,

01:37:51--> 01:37:52

one husband,

01:37:56--> 01:37:57

one Father,

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

one maternal grandmother,

01:38:03--> 01:38:05

one paternal grandmother.

01:38:07--> 01:38:45

Okay. So one maternal grandmother and one paternal grandmother they are of the same generation correct. The paternal grandmother inherits in the presence of the Father. Yes, she does in the Hungary method. So they will both inherit one sixth. Right? They will share this they'll share the one six. What does the one Father get? What do we have here? We have a daughter so the father gets one six plus the remainder right? And the presence of female offspring one six plus remainder. Okay, what does the daughter get? One half, what does the wife get? One eight.

01:38:48--> 01:38:52

Okay, so, if you have two daughters,

01:38:55--> 01:38:59

if you have two daughters, they would have gotten two thirds okay.

01:39:01--> 01:39:16

And two thirds for the two daughters. The wife is giving one eighth the grandmothers are getting one sixth the father is given one six plus the remainder will he have a remainder. Now, he will not

01:39:18--> 01:39:22

actually in this case that would be our that there would be proportionate reduction

01:39:24--> 01:39:39

right. So the denominator will have to go up. So let us say one eighth is what when you once you see it go to 20 418 is three over 24. Two thirds is what?

01:39:40--> 01:39:59

Two thirds of 24 is 116 over 20 416 is what? Four over 20 416 is what? For over 24. So four plus four is eight plus 16 is 24.

01:40:00--> 01:40:11

plus three is 27. So that's proportional reduction. Negative denominators are 27. In this case, the paternal grandmother's will get four

01:40:13--> 01:40:21

out of 27, the father will get four out of 27. The

01:40:22--> 01:40:37

daughters will get that the two daughters will get 16 out of 27, the wife will get three out of 27. proportionate reduction. Yes, one more quickly. Yes.

01:40:42--> 01:40:43

Grandmother, uncle and aunt nephew,

01:40:46--> 01:41:16

grandmother, uncle. And then if you What do you mean by nephew, brother, my brother is the son brother's son, and this and the grandmother right? In this case, we have to the two different types of inheritance, we have designated chair and we have also bought we did not discuss that discussed about yet, we did not discuss about yet. But what is the grandmother get?

01:41:18--> 01:41:32

One six, she never gets anything other than one six, if there is no mother, the grandmother will only get one six. And if there are many grandmothers, they all share the one sixth that said for them. So here you have, when you don't have designated chairs,

01:41:34--> 01:42:23

you know, that person gets very, very sick, where hairs will get all and block everything farther from them. And it is like we said and yeah, that direction and proximity in strength, power means full, full or half paternal access. So in his direction, who is closer, who is closer in direction, the brother son, because we said we go up to the Father, and then you know, so we're going down to the children, we're going up to the Father, and then we're going from the Father, to the siblings, and all the way down. And then we go to the Grand keep in mind.

01:42:24--> 01:42:43

We're going to the Father and then the grandfather and then the grandfather and then the grandfather. So made ancestors after the main offspring, male ancestors, and then once we leave our mother, NASA once we leave the pillar of your lineage and we go out, we're going out first through your father.

01:42:44--> 01:43:00

This is connected to the deceased through the deceased father, or grandfather, father. This is connected to the deceased through his father or grandfather, grandfather, Father farther away, does not get anything does not get anything.

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

Everything else will go to the brother's son. He won't get five six.

01:43:06--> 01:43:07

Yes.

01:43:09--> 01:43:11

Yeah, give it to me quickly.

01:43:16--> 01:43:22

two songs, your two songs is mega gonna make it easy to the foreign doctors? Okay, what else do they have?

01:43:29--> 01:43:36

In this scenario? No. The brothers once you have a son, once you have a son,

01:43:39--> 01:43:50

no one would inherit as a residuary heir in the presence of a son. Or in the presence of any male descendants. No one would inherit as that is very rare. But then

01:43:51--> 01:43:56

if you don't if you're not entitled to designated shares, you're out.

01:43:57--> 01:44:34

If you're not entitled to designated shares, you're out. That is why we served the father although he although the father isn't a story here is a strong residuary err. But we sat in the presence of male descendants were given the father one sixth. Why? Because at least he gets that because the child has the children will block everybody from being arrested, including the Father. That children will block everybody from inheriting as that is rare, including the father yet the father in this case has a designated chair so he will get his one six. Yes.

01:44:37--> 01:44:38

Are you getting this on the phone?

01:44:51--> 01:44:59

Everything would have to be valued, everything will have to be valued, and you inventory the whole state and then you will make the decision.

01:45:00--> 01:45:03

Two for the two for the son one for the daughter

01:45:08--> 01:45:23

there has there's there is someone who will be designated by the judiciary to make the division and to do the valuation and the division and so on. That is called the divider the distributor the distributor of the estate

01:45:25--> 01:45:27

but give me cases cases

01:45:29--> 01:45:30

Yes, sir.

01:45:32--> 01:45:34

No children. Oh, okay. Go ahead.

01:45:35--> 01:45:36

For sisters

01:45:37--> 01:45:39

five brothers

01:45:40--> 01:45:48

five nephews. Once you say five brothers forget about the nephew is that if he is or not with us when the prayer, Okay, what else?

01:45:52--> 01:45:57

He was only survived by four sisters and five brothers. Well, if

01:45:59--> 01:46:19

you want to put your grandfather to complicate the matter. Okay, that's good. So, okay, and your case, you actually have a particular scenario. So let's just yeah, in your case in just four sisters and five brothers that said, No spouses, no children, no parents, no grandparents.

01:46:22--> 01:46:24

Forgive her How do you forgive the mother?

01:46:27--> 01:46:36

You do not want to okay. So in this case, they will get everything and divided among themselves two shares for the brother one share for the sister

01:46:38--> 01:46:40

for Canada, Germany son for executive

01:46:42--> 01:46:46

lockup and for them to allow the last person certainly sir.

01:46:51--> 01:47:09

Yeah, what am I going to get into, okay, who wants to give up because that is up to people, if you want to give up everybody can get can give up what they want to give up. Everybody can give up their share. If someone wants to, you know, be kinda give up their share everybody can.

01:47:11--> 01:47:19

You want to add a mother to that? Okay, so once you've added a mother to that, what does the mother get? One sec. Why

01:47:20--> 01:47:32

multiplicity of siblings, two or more siblings, so she gets one sixth. Okay. And then the rest, they will divided among themselves. Okay. You wanted to add a grandfather?

01:47:33--> 01:48:06

If you wanted to add a grandfather, and you said like I said, if you're hanafy, or you know, one of those honeyberries who don't block the siblings by the grandfather, then, you know, you're not gonna have any trouble. The grandfather will take everything. And that's it. But if you're not, what does the grandfather get? In this case? Do we have someone who will inherit with a designated chair, anyone has a designated chair, no designated chairs, okay. So, what is the grandfather what is the grandfather entitled to if there is no one was designated chairs,

01:48:08--> 01:48:10

one third of the total or

01:48:11--> 01:48:31

not one sixth of the remainder one sixth of the remainder, if we have someone with a designated chair, then he will be entitled to the greater of one six of the entire state, one third of the remainder one sixth of the entire state, one third of the remainder or sharing with the siblings as one of them as a as one of the brothers.

01:48:33--> 01:48:42

In this scenario, are there people with designated chairs? No, what is he entitled to one third,

01:48:43--> 01:48:59

one third, because there are no designated chairs, go back and look at it. No designated chairs. If there is no one to inherit with designated chair, the grandfather gets the greater of one third of the entire estate or sharing with the siblings.

01:49:01--> 01:49:12

In this scenario, what is beggary? Great what is better for him and we said that we will always prioritize him. In this scenario, what is better for him? one third, so he gets one third.

01:49:14--> 01:49:19

They will share the rest among themselves to for the main one for the female.

01:49:20--> 01:49:22

One more case quickly.

01:49:27--> 01:49:30

The grandfather is now giving more than the father How could he get more

01:49:31--> 01:49:34

father and the brothers and sisters so the father was

01:49:38--> 01:49:43

the father in the presence of the Father, the brothers and sisters are all out.

01:49:44--> 01:49:51

They don't forget anything the brothers and sisters in the presence of the Father, He will block all siblings.

01:49:53--> 01:49:58

The grandfather is miskeen He is not able to block them. You know at least according to the Jim ward.

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

Yeah, yeah, one like quickly one case.

01:50:05--> 01:50:12

Yeah, one case, because what why am I doing this so that you feel confident about what you have learned?

01:50:15--> 01:50:17

Although everybody like ran away today,

01:50:19--> 01:50:32

I shouldn't have told people that it is all about inheritance. Yes. Well, just to go back to the one we did before with one wife, one daughter, one Father, one maternal grandmother, if there were two daughters, they would get two thirds.

01:50:33--> 01:50:36

And it would come out to 27 over 24.

01:50:38--> 01:50:47

That's what we did. If you flip it, you make it the 27th. The denominator, it's called proportional reduction. It's called the out of proportion reduction. What is the case? What is

01:50:48--> 01:50:52

one wife? one daughter? Two daughters?

01:50:56--> 01:51:08

One father, one maternal grandmother. Okay, where do you start? What the Why if you always start with a spouse, what does she get? Why is she getting one eight?

01:51:09--> 01:51:12

because of the presence of offspring inheriting offspring?

01:51:14--> 01:51:16

What What does the father get?

01:51:18--> 01:51:18

No.

01:51:20--> 01:51:26

One six plus remainder, because we have female offspring, he gets one sixth, last the remainder.

01:51:28--> 01:51:30

What does the maternal grandmother get?

01:51:33--> 01:51:36

one sixth? What if she is a paternal grandmother?

01:51:38--> 01:52:03

He is the family Why is she still gets one sex according to the rest she is not going to get with with the Father present, how many wives she still gets one sick. So 1616 plus the remainder? What do the two daughters get? Two thirds. So once you see eight, you go to what 24. So three over 2416 over 24.

01:52:04--> 01:52:06

Four over 24. We have it before

01:52:07--> 01:52:25

for over 24. So four and four, eight and 1624 and 327. So it will be 27 over 24. What do you do in this case? Make this the denominator 27 and keep the same.

01:52:29--> 01:52:37

Keep the same shares. So instead of getting three out of 24 there will be proportionate reduction for all of you you're getting three out of 27

01:52:40--> 01:52:57

Okay, now we'll just have to stop. But when we come back, we have the chapter on cobalt which is raspberry air residuary areas, and we will have the chapters on how the proportion is reduction and Rod redistribution and that will not have the other kin.

01:52:58--> 01:53:38

And then we will have the inheritance of the you know, fetuses and heritance of the intersex then inherit you know, various issues how can how can had many people died and drowned and died under the rubble and stuff like that. So, but we will keep on taking you know, we will keep on working together is doing the distribution together of different cases. inshallah, by the end of the course, you will be able to distribute property or estate

01:53:39--> 01:53:43

with ease and Charla clinical data for Clinical Excellence

01:53:48--> 01:53:49

should we have a test