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Fiqh of Inheritance #9

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Fiqh of Inheritance – Chapter on Blockage

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

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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Bismillah Alhamdulillah wa salatu salam ala to proceed.

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So as we said today inshallah we will go over two chapters the chapter on blockage and the chapter on the residuary eres

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Allah Allah who died in the year 620 after Hydra seven his book along the

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yes for any under the chapter of blockage

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bisazza beloved New Albany was the full brother will be blocked by three the son the son, son and the Father, the full brother will be blocked by three the son the son, son and the father. What else would I be behind Allah is the last minute

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the paternal half brother will be blocked by those three above and the full brother

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okay.

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So, we are talking now about blockage.

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And as I said that you will need to come back to this chapter and read it after you go over this chapter. residuary errs.

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Let us start by the Hadith of the Prophet SAW Selim that describes how we will divide the order that we will follow to divide the estate.

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This Muslim reports from above the law best that the Prophet sallallahu Sallam said had to happen for a

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year for the elder Julian zacher

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and hibou

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and fara, Ivana Ava.

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bathia

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Sally

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Rosalyn

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zakka,

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so give Alpharetta designated chairs okay? The designated chairs have one like how many designated chairs that we have two thirds, one third the 161, half one quarter 186 different types of designated chairs give the designated chairs to those entitled to them, they are the people of the designated chairs but here we're entitled to designated chairs,

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give them their designated chairs, back here whatever is left, whatever remains or the remainder fairly our larger than veka will go to the closest male

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man

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you know, man man, and

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the prophets Allah mentioned is that we are here to basically emphasize that I do not mean Roger in the sense of an adult male. I just mean male. That's what that's why he said

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okay.

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And

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we will come to it when we come to talk about the residuary heirs. And we will say why is it given to our record to the closest the male relative because they are the asaba the closest male relatives are basava that man is required by this area to bail the deceased out if they get in trouble to pay the indemnity if they are

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a you know, if they injure someone or killed someone by mistake, or something of that nature. So, they they are called the asaba. Also by is the head I Saba is the headband, you know that it gives you strength it gives you support

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the headband, use the thigh.

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So it gives you strengthen gives you support, they surround you, they protect you,

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they bail you out today, take care of you, they're responsible for you also in terms of finances and so on. So it was expected that they would be getting the remainder of the state after the people with designated chairs get their shares. That is why it is the closest to me and relative and that's paternal male relative you know made relative on the side of the Father paternal made relative the closest the paternal made relative. So this hobbies that we talked about here, give people with designated chairs with their chairs and then the remainder goes to the closest me

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Relative

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tells us that the first you know first we will give

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fara

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or the designated chairs will go out first, the designated chairs

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will go out and then

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the residuary heirs, the residue will be distributed That is why heirs then

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if you don't have residuary heirs, what do you do?

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You know, or if you have extra what do you do? Like extra you would have arrived, which is redistribution,

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redistribution.

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That's the concept of a run

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through.

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Okay? And if you don't have

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relatives in the first place, you know, deserving of designated shares or residuary heirs, none, what do you do?

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According to us, and

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what do you do according to the home values and if you give to is that we are happy.

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To that we add our ham

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which are the

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other kin, I translate this as other kin. Sometimes they are this translated as remote kin. But as I said, I chose other kin because your maternal aunt is not really a remote kin. It is the practice of themselves. alfalah to the Manzella Tiwari, the maternal aunt is like a mother. So if she is like a mother, you can call her remote kin.

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But Carla would be a vote on our harm the maternal grandfather would be of harm and we would come to the chapter of our home and if we don't have all our ham, why do we do

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the public Treasury, the Muslim public Treasury because all the Muslims are his family? Now, you know, if we can find this, this this that then the family is the owner. So vital man.

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Bye.

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The Magic isn't Chinese will give beta man before the hunt valleys and the HANA fees and I think that this is the stronger position would give them enough time before beta man which is the public Treasury

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okay.

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So, we are following this order.

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We are following this order in distributing the estate.

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But that we're now talking about the chapter of blockage and we said that some people will block other people we have two different types of blockage.

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We have had a bad man and has been partial and complete blockage has

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had a man is called complete block blockage had meant to hurt him to deprive of the privacy someone of something

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to deprive of. So the preservation the preservation we call it complete blockage hasn't been upside down which is partial blockage partial blockage is to decrease their decrease their

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share not to completely block them, but to decrease their share it is called husband Oxon or partial blockage. So we will talk about the two but a concept that is important to remember to remember here that blockage is different from and hardware is different from a manner now when at Earth are the hindrances to inheritance. What are the three hindrances

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so the three hindrances to blockage would be a partner or a coffee Dean. So calcula would be murder. You can't inherit someone after you murder them. That would be slavery because they don't own so. That's the thing that you could do to them as the freedom to emancipate them that be, which is to emancipate during the during the life or after, which is called the beer which is a sort of immediate

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emancipation Upon the death of the master. So Meredith is the very end,

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Dean, so difference in religion, these are called marijuana

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differences in religion

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These are called the Nirvana which means the hindrances.

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hindrances.

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The difference between people who aren't hindered and the people who are blocked is what the difference between this group and people who will be blocked

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lower hotbed as fast people that will be blocked by someone else who is more deserving what is the difference?

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These people as if they don't exist, they were not a sort of exercise any effect on the distribution of the estate, as if they do not exist.

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As if they do not exist. These people will continue to be there even if they don't, they will continue to exercise. We'll give you an example.

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someone died and we're survived by a husband

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mother

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and two maternal

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husband, Mother

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Father

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and two maternal half siblings have

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half siblings, father, husband, mother to maternal half siblings,

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the two maternal and half siblings will inherit

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Why?

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No, he should say because there is father only because the husband will not prevent them from inheritance. The mother would not prevent them from inheritance.

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The maternal half siblings, when do they not inherit? If you remember from last time?

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Who will block them?

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And where it is coming to by the way? No, don't say father, say the male ancestors and inheriting this sentence. So I'll ask at mosaic and where is mosaic?

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And how far and where is whether it is medacta or not and finite awareness means inheriting the sentence and ask Elmo zakka means male ancestors. So male ancestors and inherited inherited descendants when blocked the maternal half siblings are they blocked? Here? Yes. Why?

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Yeah, the father is considered male ancestor will block them now.

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Do they

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affect the inheritance of the mother?

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Will they affect how can they be blocked?

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How could they affect the inheritance of the mother when they are blocked?

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Because they are blocked by

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a person they are not hindered by a man or a hindrance of inheritance had they been? Let us say let us say there is not even a father here.

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But those two maternal half siblings have to be of a different religion.

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Different religion.

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Okay, they will not inherit.

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Well, they blocked her mother from taking her greater of two chairs, which is one third and one sixth. We said for the mother. Will they block her? No. Why? Because because of the hindrance, as if they don't exist. So with hindrances as if they don't exist,

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but if they are blocked, there still exists, there is still in influence is or have.

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They effect some influence in the distribution, even if they personally will not inherit, but they are still there. And we will still consider their presence even if they will not inherit. They can still exercise exercise some power. They are blocking the mother, even though they're not inheriting themselves when the father is pressed.

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They are not. They're just blocked by the Father. And they are blocked. They will still block the mother partially blocking the mother from taking the one third, taking the one sixth, correct?

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Yes.

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So what happened to

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the example when they are of different religion? So you have you have a mother and you have what? Her mother and her husband?

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Okay, good. So you have a mother

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and you have a husband?

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And do you have the maternal siblings or not? Yes.

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Okay, so they're not here with us. You don't need to write them. Okay, so mother and husband, who else do you have? That's it. So, the mother would get what in this case 131 does the husband to get

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what?

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Yeah. Okay, one half.

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Why is the husband given one half?

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No children, okay. That's the only thing that affects the husband and the wife, children and what do we mean by children children who will inherit? So, the grand daughter, the daughter of the daughter or the son of the daughter will the inherit No. So, it is that your immediate children regardless of their gender, and the children regardless of their gender, also have your sons your immediate children regardless of their gender and the chagrin of your sons, okay. So, when we have inheriting offspring, inheriting descendants or inheriting offspring, the husband will be partially blocked partially blocked from one half to one quarter here that the husband's is not partially blocked, he

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will take one half the mother will take one third, what do we do with the rest? How do you distribute the rest? We are left with one sixth.

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Go back to the mother.

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But did you ask if there is any asaba if there is any residuary heirs, so, this person has no need to paternal male relatives whatsoever?

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maternal menchaca

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male paternal relatives

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if he has a cousin paternal aunt, no no not maternal

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that you know his father that the father of the deceased had family

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if you can find a paternal male relative no matter how distant they are, they will get the one sixth let us presume that we don't have a pattern made relative whatsoever

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then the mother will get the rest because that is called rod redistribution. And as we said before and we will come to it in the chapter of rad redistribution does not entail spouses, everybody was designated shares will be part of the redistribution

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not the spouses, it other than the spouses even though Osman said it would entail the spouses but the majority and the form as I have said it does not entail the spouses. Okay. So

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now

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we're talking about blockage here. So blockage will be partial blockage and will be what? Complete blockage in half a bar in a bar. If the if we're talking about our support among themselves, residuary areas among themselves, what do they do to each other? They cancel out each other unless they cannot cancel out each other.

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What are you looking at? You're looking at first and

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the second g hair which means

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What direction

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the second is a quorum. This means what proximity

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The third is Alcoa which means what

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strength

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What do we mean by a jam? we mean by a jr

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okay. So, we have in this order Do you have to know what filial piety children descendants they come first they block everyone either completely or partially. So, they will not completely block the ancestors they will not completely block the ancestors

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but it goes first will Bonanza for reality second Oh Beauvoir paternity third Did you do that which is

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grandfatherhood

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that's paternal grandfatherhood.

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Fourth is a moment which is uncovered maternal article.

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So, in that order, first is it second is it oboe and

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third is if you do that fourth is it or movement

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reality children paternity father

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grandfatherhood do that or mama uncle hood paternal uncle. So, that's these are the jihad. So, if I have

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if I have a son or a sense the sun

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the sun or the sun sun will cancel outward block of the house, all the sides cannot block the ancestors, but

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to some extent, he will affect the ancestors he will take priority over the father even the father the son will limit the father to what

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fourth Lady

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1616 So, the son will limit the father to one sixth the daughter limits the father to what

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what no one sixth and

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and the rest, because he will still get the rest

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one six plus the rest if there is the rest in the absence of son or daughter the father inherits by the sea as a reservoir here as a reservoir air only the daughter get to the Father to one sixth plus the rest Why? Because because you know you don't want him to be completely canceled out you want to get because the daughter will get one half

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will get one half if we say that the Father will only insert that in inherit the remainder he may not inherit anything, because the daughter just alone got one half and everybody else is crammed into the other half. So, you want to protect the father when there is a daughter getting the one half by herself or two daughters get into thirds and everybody else is crammed into the one third you want to protect the father you want to keep something for him. So, that is why when we say we say when there is a daughter or daughters the father will get the one six plus the rest because oftentimes he will not get anything other than the one sixth because there will not be a rest

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okay, but in the presence of a son, the father gets wet

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one sixth only because the father cannot in inherit bite asleep as a resident were here in the presence of a son when he sends his son why because they have to know that direction which is the bono work children and the children of the children has priority over jetted Obu

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has priority over jetted over which is the paternity.

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Why are they closer to you than your parents? No they are not. But they say the unabomber COVID one abou murder, because he is

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Macbeth.

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happen coming and the father is you know, whatever politically correct statement to say.

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So

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So more responsibilities and so on and so forth, okay. So, that is a direction the direction that will give for first. So, in the presence of a son, he will limit the ancestors and cancel out all the how ashy, they were deceased the siblings of the deceased nothing, none of them will get anything whether their maternal paternal or four siblings, the uncles, cousins, everybody's out nephews everybody's out there is a son Okay. Then that is

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the second thing is important which is proximity, proximity, every sun will cancel out or black

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hi son of a lower generation

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every father will black

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hat grandfather of higher generation.

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So, curb curb proximity to the deceased okay

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is the is the second after jr is the first quarter is the second let us say

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Alcoa is the strength. So I have now, the seeds that did not have

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did not have sons and did not have fathers. Let's not forget about the grandfather now because it's complicated with the brothers. But they seem to have two brothers, two brothers, one of them is full brother and the other one his paternal half brother, full brother and paternal half brother who gets the remainder,

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the full brother before as earlier the alarm was said that he you know when he said that in

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certain use of

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data from

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any publisher of nylon.

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So you read this verse after a bequest that they have been squeezed or a day in or a debt that has to be paid off. But the prophets was decreed that the day in or the bad debt be paid off before the bequest and the prophets was Adam decreed that the children the full Ling's inherit

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before the half siblings, half siblings, that's half the paternal half siblings

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from different mothers, okay, so it would be the third one. Now, someone may say, but there is a particular person they, you know, like I have a paternal brother, for instance, that I like more than a foot brother, well give him during your life or bequeath something to him, you know, give him make him part of your will say, yeah, that's fine. Allah gave you one third, to give you some maneuvering here and the one third, and then two thirds, you cannot touch, except with the approval of the world. It's controversial, you know, whether you can touch it or not, but but it is valid, certainly with the approval of the IRS. Whether it's valid or not, that's a different issue. But But

00:28:35--> 00:29:22

I'll give you at least one third for your own sort of preferences and sort of inclinations, you're more inclined to some family members. You have an aunt for instance, and maternal intellectual life or a paternal aunt that you like so much. I'll give you one third two is plenty of room here and that one third, okay. So no problems there. So korban, COVID, erection, proximity and strength, we follow this order. So if I have, he said here, that the full brother will be blocked by three, the son the son, son and the father, right. So why, because the full brother the jihad, the Jihad of it,

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or brotherhood,

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comes from comes after which

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he is, he's coming is a is a branch of from is a branch from an oboe one.

00:29:41--> 00:29:59

So if I have here, here is the the CS for instance. And I have here, a son, and I have here a father and I have here a grandfather

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So I have here

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an uncle, the uncle is coming down from the grandfather, right?

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The the the sibling of the CS is here

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is coming down from which one from the Father. Okay. So this is the deceased. This is his father, this is his grandfather, this is his son, this is his son, son, there's this one gets, you know, precedence over anyone else, followed by this one, followed by this one, go down all the way, you know, okay, now I'm done. None here, I'll go up,

00:30:56--> 00:31:40

we, you know, will block anyone else other than the descendants. So the father will block the grandfather, the father will block the siblings, the father will certainly block the uncles, blocks everybody other than the descendants. The grandfather, according to the Hannity's will also act like a farmer and block everyone, and then everybody will be sort of happy. And we're not going to have all the difficult to mess up the grandfather and the and the siblings. And that is also a report within the Hanbury method. But that is not the popular report, the popular reports within the company meth lab and the medic is interface, they will give the they will, they will give the

00:31:40--> 00:32:31

siblings as you know, something with the grandfather, they will allow the siblings to inherit with the grand father. But then so but but forget about this. But at any rate, who is stronger, the grandfather or the siblings At any rate, who is stronger, the grandfather is always stronger. That is why he gets the better holiday off two or three options as we have explained in the past. So we will go to the Father. And if the father is not present, we'll see if there is a grandfather. Okay, and then here, then, immediately after the Father, we will go to the siblings because they come from that Father. And so with the siblings will be first or the uncles, of course, the siblings, because

00:32:31--> 00:32:52

they are connected to the deceased through the father, not the grandfather, and the father is closer. So we'll go through the siblings, not only the siblings, but the children of the siblings, and the children of the children and the children of the children and the children of the children. This will inherit before the uncle,

00:32:54--> 00:33:03

you could say, how come this is too far away? No, but when you go down, we will give them the place of their

00:33:05--> 00:33:31

sort of ancestors will give them the place of their ancestors against someone from the other direction. Just like here, you could say that the grandfather is closer than this one. You know, he's connected to the disease to through one to heart connections, the grandfather is connected to the disease through one Now, why not looking at proximity

00:33:32--> 00:33:45

before we before direction, direction comes first before proximity, okay, so we're going down this way and then we're going up this way. And then from the Father we go to the

00:33:47--> 00:34:11

to the siblings and their children of the siblings, you know the son of your of your brother, and the grandson of your brother and the great grandson of your brother and the great great grandson of your brother and so on. No one here you go up one level you're going up whenever So, you go to the grandfather and the uncle and then

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and then

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the same applies here that say all those will get priority right okay.

00:34:24--> 00:34:40

Well in the presence of this this will not inherit in the presence of this this will not inherit but in the absence of this and this and this and that this one inherits before anyone else that is more this than how could there be anyone more distance Yes. The great grandfather here.

00:34:42--> 00:34:51

Okay. So that is the sort of the the distant uncle, the distant uncle, okay. So we will go this way.

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Okay.

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And then

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and then

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and then

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Can they be up, we're not talking about them being alive, we're talking about you know, their descendants.

00:35:13--> 00:35:23

So, it is heroes and people who actually keep track of their family lineage, they can identify very distant male relatives.

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And it could be sort of sort of official, it can be proven, you know that this is a very this

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they make money.

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So,

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keep it you know, keep this in mind.

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He said

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after he said the full brother the full brother will be blocked the full blood brother will be blocked by the children will be blocked by the by his father and then the grandfather is the long story that we went over before

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he said the half butter the paternal half brother will be blocked also the paternal half brother will be blocked by the same three right. But in addition to the three the son the Father, the Son, the son, sons and the father in addition to the three the full brother, how is he blocked by the full brother if they are the same direction

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and the same proximity

00:36:31--> 00:36:58

strength power, the full brother is stronger here than the paternal half brother, so it will be this. Now the nephew will be blocked by the brother, let us say right or wrong. It doesn't even have to be his son. Like I had, okay. So this is the season. This is the father This is a sibling.

00:36:59--> 00:37:04

There is another sibling here another sibling. Okay.

00:37:05--> 00:37:09

Another sibling and the other sibling have a son.

00:37:10--> 00:37:12

This other sibling died.

00:37:14--> 00:37:19

So the deceased was survived by his brother and the his nephew.

00:37:20--> 00:37:22

Son of his brother

00:37:23--> 00:37:38

who inherits the brother, then if you get anything, no, because proximity closer to the deceased man. Okay. Then the sheikh said

00:37:39--> 00:37:46

What else could what would only be our bar the wallet saccharin can have owns the well well I deliberately will be

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

the maternal half brother would be blocked by for the son or daughter,

00:37:53--> 00:38:04

the sons child, the father and the grandfather, the father and the grandfather. Now, the maternal half sibling,

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

what do they inherit the inherit by ta CIB but as residuary heirs,

00:38:13--> 00:38:37

maternal half siblings do they inherit as residuary heirs, no, they inherit as as hot food, you know hairs with designated chairs. But even though they inherit as hot food, many black them and it is not partial blocking, it is complete blockage, who blocks them

00:38:40--> 00:38:51

all inheriting children, any children, any child that would inherit will block all the maternal half siblings. Okay, and who else blocks them?

00:38:53--> 00:38:56

Okay, it will be better to say

00:38:59--> 00:39:24

male ancestors. Why? Because you don't need them to say the father and the and the paternal grandfather and the paternal great grandfather and the paternal great, great great grandfather, and so on and so forth. So you just say male ancestors in Arabic What is that called? Aslan with akqa.

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

I'll ask them was actor

00:39:29--> 00:39:50

in alpha I'd wear this while Aslan was actor. For adware. This means inheriting offspring and ask them without carmenes main ancestors made ancestors inheriting offspring, male ancestors, they block their maternal half

00:39:52--> 00:39:55

brothers and sisters, maternal and half siblings.

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

What

00:40:02--> 00:40:02

No,

00:40:07--> 00:40:19

no, because the grandfather and great grandfather, according to the majority will not block the siblings, the siblings will still inherit with them.

00:40:21--> 00:40:29

So, that description applies to the maternal half siblings only the maternal half siblings will be blocked by any

00:40:36--> 00:40:39

maternal half siblings, your mother's son

00:40:41--> 00:40:44

or your mother's daughter, that is not your father's

00:40:46--> 00:40:47

children

00:40:49--> 00:40:50

but not the full

00:40:52--> 00:41:10

know if you are my foot if the full sibling will be blocked by not all the inheriting children, only the male because they How do they inherit, the full siblings inherit as residuary heirs,

00:41:11--> 00:41:23

who can block them errors is very error that is closer, that is the main children of the deceased now that he may have children of the deceased

00:41:24--> 00:41:26

in addition to this,

00:41:27--> 00:41:40

I'll ask the masaka or the male ancestors well by consensus block the maternal half siblings, however,

00:41:42--> 00:41:55

the full siblings will be blocked by consensus by the father only grandfather, anyone higher from the grandfather

00:41:56--> 00:42:09

will block the fall siblings according to the HANA fees, and one report and the Hanbury method that is the unpopular or weaker report not the stronger report.

00:42:11--> 00:42:16

Okay. So, the maternal half siblings are

00:42:17--> 00:42:20

this is the kelela that is mentioned in the eye on the Quran.

00:42:26--> 00:42:27

When I let you know,

00:42:35--> 00:42:36

when Canada USA, Canada,

00:42:38--> 00:42:39

when Canada, USA, Canada

00:42:43--> 00:42:47

can rock from exotic forms of Soros, nobody was here to do so, the whole dynamic

00:42:49--> 00:42:53

when Canada to Canada, if it is a man that is

00:42:54--> 00:43:06

that will be inherited as a calella Candela means the man who does not have the two pillars, you know, that is why it's kallada

00:43:07--> 00:43:17

sort of like in first weakness doesn't have the two pillars does not have the children the children, children,

00:43:18--> 00:43:27

children, meaning inheriting children or that may have ancestors for male ancestors. Okay.

00:43:30--> 00:43:32

Then said, when asked for to

00:43:33--> 00:43:38

build up, Coco Lucia, then the man who are operable men who

00:43:40--> 00:43:47

every grandfather is blocked by the father and every grandfather is blocked by a grandfather who is closer

00:43:49--> 00:43:53

to the deceased than he is.

00:43:55--> 00:43:58

As that that's obvious, right?

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

Every grandfather is blocked by the father and every grandfather is blocked by grandfather who's closer to the disease than he is. This is the proximity thing. Proximity.

00:44:13--> 00:44:27

Now, every person who is connected to the deceased through another person will not inherit in the presence of the connection except to

00:44:29--> 00:44:33

one by agreement of the forum as I

00:44:34--> 00:44:37

and one according to the honeyberries on

00:44:38--> 00:44:43

who is agreed upon by the forum as I have.

00:44:48--> 00:44:53

The maternal siblings would inherit in the presence of the mother.

00:44:55--> 00:44:57

That is by agreement of the former

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

which one

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

According to the ham bellies, on the

00:45:13--> 00:45:18

paternal grandmother in the presence of the Father,

00:45:19--> 00:45:22

Harrison is alive while

00:45:24--> 00:45:24

others cannot,

00:45:26--> 00:45:28

maponya cannot.

00:45:31--> 00:45:35

So the first woman in the world that the ultimate sons cannot

00:45:36--> 00:46:05

obtain mahogany, how can I get the money. So the first woman as 11 years old said the first grandmother who was given the one sixth, it was a grandmother who was given the one sixth, and the presence of her son and that's why the homebodies act upon this, and they will give her the share of the grandmother, even though her son, which is the connection between her and the disease is present. She is okay, here is the

00:46:11--> 00:46:12

here is the scenes.

00:46:15--> 00:46:32

Here is the father of the deceased. Here's the mother of the deceased. Here is the paternal grandmother, paternal grandmother, if the mother of the deceased is not there is that

00:46:35--> 00:46:45

or the mother of the disease has one of the three hindrances, you know, but she's out of the equation, she's out.

00:46:46--> 00:47:07

Then she would inherit, has a grandmother has a grandmother, even if her son is present, according to whom, habit only. Okay, so these are the two cases only two cases where someone inherits from someone

00:47:08--> 00:47:19

even though the connection between them is alive and deserving of inheritance alive and will inherit. What also inherit.

00:47:23--> 00:47:28

Okay, so I was too optimistic to think that we will finish the two chapters.

00:47:31--> 00:47:36

But but because we're just coming back from vacation and some things needed to be sort of repeat,

00:47:38--> 00:47:54

or rehearse. I think that inshallah next time we'll be able to finish babble on about the chapter and residuary errs, and maybe we can, or just verbalize about the chapter and raise your ears. Trauma protocol, the head has nothing to

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

do with it.