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Mawarith – Introduction to Islamic inheritance 01

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

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So last in the last last time I was running,

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Ross proceed. I saw today the cost, the cost of going over lorries and about four and a half hours.

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So now, what are we going to be able to accomplish here, if you this is not

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for the manager nor is this was the introduction to the basically

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there is no way requires more than five hours, I do have

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about 20 hours online on the sides of our user interface. For those of you who may want prefer to it, it's in my YouTube

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sort of page China's Shaquanda

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according to along the according to our reading, but usually when you're discussing rds, there aren't that many differences between them as well as in the sciences, there are a few differences and the differences have been pointed out as well.

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So, you know, I,

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my my pages off conversion, I don't have any problems with basically advertising my page because it is not there is no monetary benefit whatsoever. And you will visit the

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listening to the software.

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So that's that's one thing if you have not had any basic exposure before, this is going to be just an introduction. If you have exposure to the science of arrays before this will be a refresher, how often do we need a refresher for science authorities every six months.

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If you if you're asking memories, you will need a refresher every six months and is a science that that can be easily forgotten

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either across your body shop study or valuables and every six months you do not need a refresher on 100 every six months nowadays in particular and subtopics of science that can be easily forgotten, very easily forgotten.

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So this will be a refresher for the people who have a chance to master the science before

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Inshallah, we will try to make this as

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interesting as possible by delivery, everybody knows I'm monotonous my delivery, you do need to work hard a little bit with me because my office delivery will not stimulate you enough to stay awake unless you are interested in the subject. And you work a little bit harder to stay away.

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So that's one thing that I just needed to tell us at the very outset so that you

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wake up to and proclaim to do in the next few hours. Sorry, Felicia Seralini is from wherever

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it is.

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And he's also a practicing lawyer and what provide us with the necessary knowledge of application how do we take this and apply it in our particular circumstances here in America, because it is important that we are aware of the local laws or the laws of the land. So that we are able to basically exercise our the in to our best possible capacity or without violating the local laws of the land.

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And this particular segment of the nominal or the seminar, I wouldn't be in South London

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and then we will go back to finishing bodies basically the death of Marist and afterwards we will have a panel discussion to entertain questions but so, during the domino theory, just seminar, we will take your questions and we will try to make it interactive, because it is a dry science. And

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it does, it does mean a lot more for people to stay away listening to notice.

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Particularly after you have three days of

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free or two

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days

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of listening to lectures on

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sort of dense subjects.

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Alright, so the way whenever we talk about Marty's gonna try to throw something in the beginning to make another point interesting. So whenever we talk about our youth

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They say

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in either you survived by design and you will survive by and then the list you know the survivors and then you start to basically

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work

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to solve the problem.

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So, let us basically

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just just let us you know construct

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nostalgia is is like a problem it's like a

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difference in our use of the word that assumes with us to just remember that masala means the scenario that we are working with. So, let us construct an a setup

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to give us basically to figure out how we will proceed from here with with our discussion okay he's either survived by the White

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House saying He was survived

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alright

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survived by one way okay

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okay what do you guys want my daughter to have one daughter and sister one sisters and

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one brother

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one brother

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two brothers

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that is a half a turn right

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to half a turn on brothers

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okay who else another

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one

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well my

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brother assistant Okay brother Brother

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okay what else

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whether you want the mother also get

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what

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you want because the grandfather and his grandfather here what kind of the grandfather

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father's maternal paternal

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maternal grandfather, a father's father and then we will have to basically be spelling these things out so, we have to say a Son Son, sons daughter because these things make a difference. Okay.

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And what else do you need or do you want to help here

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well

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that's enough okay. So,

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we got round about one side and then we can come back to the issue of the because if we talk now about the grandfather,

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the inheritance of the grandfather will not be a good start to complicate things for everyone we will come to it in such a state.

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So if you put one son

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okay. So, let us say

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can we put one material because well, let us know

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Okay, can we put

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okay

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can we put a non Muslim father? Yes. Okay. Can father

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grandfather,

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the grandfather, were just saying that He was survived by we're not giving him anything yet. We're just saying that He was survived by. He was survived by a grandfather and a non Muslim father.

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That's fine okay.

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So, this will give us an example basically if we try to figure this out, we will figure out so much already at the outset okay. So, most of the one wife, one non Muslim father, one daughter, one son, one sister, two brothers, half paternal, one material brother, one maternal and one mother, one grandfather, when you look at us Allah like this, what are you going to do at the very outset?

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Now,

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yeah, so, as hobbled for road will be airs was designated chairs

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and alasa bot will be a residuary errs, President weary ear errs means what residuary the rest errs. So, they take everything else, after the heirs with designated chairs have taken their shares, correct. Yes, but there is something that you look at prior to this, someone comes to you and tells you, He was survived by all those, all those people survived them.

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Yes,

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exactly. Who are the heirs here, who would be entitled in this masala who would be entitled to inheriting in the beginning. So, who are the heirs? We will have an I will put them here because we will need to come back to them very often, who are the error is 15 men and 10 women 15 Men and 10 women that is including the errors with designated chairs as hobbled, furrowed and the airs and the residuary errs. That is a loss about who will take the rest. So, can someone help me figure out 15 years 15 meals

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then females

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Okay, so someone said that up, is this a good start? Yes, it is a good start because you want to start with it or school, the ancestors? Okay.

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The father

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Okay, and the grandfather

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we say the grandfather will Anahata no matter how many generations of

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grandfather were in Ireland, no matter how many generations up so this is the grandfather of the great grandfather, the great, great, great father and so on. It was not going to inherit all of them in the presence of each other, but they may inherit if they don't have anybody separating them from the

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disease. Okay, so that is one two.

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Who's this third?

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One Well, we will come to this we're coming to this we're just trying to figure out who are the heirs now. So son

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and grandson

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five

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okay. Grandson way nuzzle grandson, we have an Ebner another grandson, no matter how many generations down grandson no matter how many generations down which grandson.

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The sons sons are the grandsons that we're talking about here. Daughters sons are not if the grandson is separated from the deceased by a female, he is not an inherited grandson.

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Exactly. But he is if the grant His son is separated from the deceased by a female he's not inheriting grandson. Okay, so the son and grandson no matter how many generations down as long as he's not separated from the deceased by a female. Okay, what else number five?

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No, you don't go to the ROM now? Yes. Okay, brothers. How many brothers do we have

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in the inheriting grant?

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parroting brothers we have three brothers. We have the full brother

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an officer before

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and after the up the half paternal brother

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the army the half maternal brother, half maternal

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okay

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we're gonna come to that of course, but we need to come to it. Yeah, those are the brothers. Okay, now let's move let's move on. What else do we have

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Ebenen officiality Epinal after the verb Okay, that is the brothers the full brothers son and the full brother doesn't have the half paternal brother's son No matter how many generations down no matter how many okay so that is number eight

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I don't want to say nephew that is why I told you is things will be spelled out we're not going to be saying nephew why it's going to confuse us so just say that's the full brothers sons no matter how many generations now

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and then number nine the half paternal

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brothers sons

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no matter how many generations down Okay, number nine.

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Okay, um Mr. P.

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I

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have paternal pattern of

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B LR missa tee the full Uncle

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Uncle no the okay the yes no no it's not the full it's not this

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father's father because uncle is also the Hassan uncle is also the mother's brother the current is not with us here so when I'm is the father is the brother the full brother of the Father father's

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father's fathers fall

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brother No you don't say I'm this son now because if the fathers have paternal brother is is here that he he blocks your job the son of the shotty

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yes but but let's do them better team in order this them in order Okay, so the father is full brother

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the father is full brothers for brother and that is you know no matter how many generations up

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because it could be also if we don't have this we will move to the grandfather's

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brother we will move to the great grandfather's brother. If we don't have the first one we will move like this. We will go up and move like this. Okay, but anyway

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now

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number nine the half paternal brothers the sons even an affiliate

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Okay, so number 10 The father's full brother number 11.

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I'm just gonna have to put number 11 here

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this will be the father's

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half

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paternal

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brothers. Okay

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not with us second. The father is full brother. Witness. Yes, yes it is this correct. Why not allow my

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husband

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Wait a second. We are coming. We will start with the husband whenever we address a miss Allah we started with the husband or the wife. But here we're just trying to list them

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at we're coming to the husband now. So that is number

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11 What is number 12?

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The father's brother a son before?

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No, no because of Jehovah Donna Allah, JM Kodama Allah, l Porb. LJ.

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So we will come to this, it's direction, proximity strength, they have curb forward direction, we are moving in this direction, we don't move, you know, beyond this direction. until we're done with this direction, you don't basically Okay, so what he's saying is, now you have a,

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um, that's the father's brother, full Shappi, full brother of the Father.

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He had a son.

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And there is a half paternal brother, half paternal brother of the father that his arm also half paternal brother of the father of the deceased.

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Who has or does not have a son, it's not a problem. So you have those three,

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you have the full, paternal, you have the full brother of the deceased and his son.

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And you have the not the full brother, the full, the full brother of the father of the deceased, the full brother of the father of the deceased. It is important if uncle would have solved the problem, but Uncle will confuse us because, you know, so the, the full brother of the father of the deceased,

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his son,

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and

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his brother, but not from the same of mother, like the deceased than himself, which is the half paternal brother of the father of the deceased.

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It's easy, brothers. This is a woman that this is this is the symbol for the man the woman, okay. And they have

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this man here

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okay.

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And

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this man

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have a son, okay, this woman after this man died, when to marry another went on to marry another man. And have no, not this way. This man after this woman died, who though usually would be the opposite, but this man after this woman died, went and married another woman. Right. And he had a son with her.

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Okay.

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What? Who's this, the full brother of this?

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Who's this? The half paternal brother of this?

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This is now the deceased. This is the deceased. Okay?

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How is this one related to the deceased?

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His uncle, in other words, his father's full brother.

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How is this man related to the deceased, his father's half paternal brother.

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Now, this father's full paternal brother had a son.

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This disease this man was survived, of course, not by his father, because his father would have blocked everybody. He was not survived by his father. He was not survived by his grandfather or any grandfather. He was not survived by brothers have his own. Of course not sons, no brothers of his own, no

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children, sons of the brother of his brothers and so on. So we went to do that. The moment we went to the paternal uncles, we went to the paternal uncles, and here he was survived by this man.

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This man

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and this man

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who will inherit the rest, if there is anything extra after people was designated chairs, as hobbled fruit, took their shares, who's going to now inherit the rest

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One, the full brother of the Father will inherit all the rest.

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He will block his son, of course, and he will block the half paternal brother, his half brother, he would block that as well. Okay?

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Why are we here? Because we've imagined this scenario where this one is not with us.

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This one is with us. This one is with us. who inherits

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to not three, why? He is the son of the full

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brother of the father of the deceased. Yeah, but we don't look at this.

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We don't look at this until we're done with the direction. This is these are Abner Ella MUMA. We don't look at the children of the uncle's paternal uncles until we're done with the uncles. And then we look at the children of the paternal uncles. And then if you have the children of the paternal uncles, and one of them is first generation, and one of them is second generation down from the uncle, which one what do you take the first generation because he's closer to the deceased and he will block the farther away

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child of the uncle or son of the uncle and that is called what proximity closeness portable jihad is the first thing direction for closeness the disease is the second thing. So

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and then and then is strength which is CO one because if you have two in the same direction,

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as close to the deceased as each other, one of them is full and one of them is half full brother, half paternal brother, who blocks who

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the full brother blocks the half there, this is called Cova which is strength. We have to remember this. This is going to be extremely important when we discuss a loss about residentiary. errs Jaya, direction Porb proximity Cova strength, how close you are to the deceased. And I don't want and I just Yeah, we were we're branching off a little bit. But anyway, father's half paternal brother is going to be with us among Givi heirs that we will look at now.

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Okay, where are we going after this? The sons

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of

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the full

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brothers

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of the Father

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This is Abner

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moment the sons of the full brothers of the father of the disease

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11 in Arabic fathers have paternal brother alarmingly up.

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So it would have been what if that is if we're talking about the deceased. And we wanted we wanted to simplify this.

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We would have said we would have said what

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the paternal uncle,

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the paternal uncle. However, the word uncle in English includes Zulu includes the paternal and maternal uncles. So in order for us to be precise, we're trying to say we're trying to complicate it and say the father's half paternal brother

00:29:20--> 00:29:21

Yeah.

00:29:24--> 00:29:31

No, if we were to say it in English, we will say the paternal half on

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now, it needs to be spelled out like this. Because this is a laminate that needs to be spelled out like this. It is the

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paternal half paternal brother of the father of the deceased. The half paternal brother of the father of the deceased is called the lamina

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because

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He's not full brother. He's half paternal. You have half paternal half maternal. It is. Yeah, he's not the full brother. So half is basically a virus Sharpie, not Sharpie not full brothers

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half maternal

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lofted up half paternal? Yes. Yes, Muhammad

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now, you're gonna come to the next one number 13

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as sons of the half paternal brothers of the Father, half fraternal

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BROTHERS

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OF THE FATHER

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number 40. And

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we're close

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ah, husband and 50 in emancipator?

00:31:11--> 00:31:34

Okay, I'm Martha. Eman see emancipator? The person who immense let us say that deceased was a slave, someone emancipated him, that deceased was not survived by family members. Then enemy Ross bitwala comes after that, which is

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

inheritance because of allegiance through me emancipation had lesions through Allah through emancipation by emancipation.

00:31:46--> 00:32:02

Okay, but that is if the deceased was freed and then did not have family to inherit him. Then the person who emancipated him because he has done him a favor would inherit him. Okay, these are the 15 men.

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

Ah, number 14 is the husband. You know, he's,

00:32:08--> 00:32:10

he's important. He's right, their

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husband does number 14. Okay, now that 10 women

00:32:19--> 00:32:20

the brother of the Father

00:32:21--> 00:32:27

do have to say, but, okay, why do I have to say that half

00:32:28--> 00:32:45

paternal uncle, paternal uncle? Does that separate between the full and the half? No, it doesn't. Yeah, so paternal uncle means what? My father's brother which brother the full brother or the half brother

00:32:48--> 00:32:54

No, paternal uncle would include the full and the half. How do you separate them? You will have to spit it out.

00:32:56--> 00:32:59

Allama Shafi, how do you say mama shaken English?

00:33:02--> 00:33:14

Okay. So, so, this will be the fall the fall? Paternal uncle? Okay. How do you say I'm made up in English? Yes.

00:33:18--> 00:33:22

Which which half now, could be the half maternal?

00:33:23--> 00:33:31

No, paternal uncle This is because he is the he is the admin at the hog. But now I want to say he is not only

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an paternal uncle, he is he his

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half paternal brother of the Father, not the full brother of the Father. So when I say

00:33:48--> 00:33:52

half paternal uncle, that doesn't do it.

00:33:55--> 00:33:57

Okay, so

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this would be an ad at ebony ebony Libnah innoson An officer P an affiliate, an affiliate.

00:34:08--> 00:34:12

Ebony enough speed Ebenen affiliate.

00:34:13--> 00:34:24

And I'm Mr. Teeth. And I'm Maria. Eben Ramesh Sippy. Eben Olam, Maria and Zote and mortar. Okay. The women 10 females.

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Okay, mother, okay.

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Mother

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grandmother, which one of them?

00:34:40--> 00:34:41

Maternal

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Okay, three grandmother, which one of them? Was there? No. Because she is weaker and we will see in different mazahub You know, I'm humbly I'm not trying to be humbly on you today. But we will see in the difference because I haven't sold

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form

00:35:07--> 00:35:08

daughter

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

Thank you Daughters

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of sons

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okay now next

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fold sister

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Thank you half butter easier for women are fraternal

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sister.

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Thank you,

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maternal

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sister

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product

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wife

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emancipator?

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emancipator

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although the woman didn't give us any trouble here

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okay. Now, why did I write this on this board? Because I'm just going to keep this board for the rest of the seminar.

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Okay, why did we go there in the first place? Because we have to spot you know, at the beginning of the Messala we have to spot who's going to inherit and who's not going to inherit out of this list, does the wife inherit

00:36:35--> 00:37:21

Okay? Does the non Muslim father inherit? Why? Because, now, this the okay the wife inherits, because she is entitled to a designated Chairman as hobbled for old. This is an important chapter, that we will talk about, the non Muslim father will not inherit why, because a you know, unbelief is called Manna hindrance, mainline ad air is one of the hindrances. So, as you know, there are three hindered hindrances that we may talk about later, that is what what are the hindrances

00:37:24--> 00:37:31

in traffic, the in different religion being of different religion, slavery and murder,

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

murder,

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

slavery and murder

00:37:38--> 00:37:47

murder of whom murder of the deceased if he murdered someone else, he still inherits murder, he still

00:37:48--> 00:38:03

but but murder of the deceased if you murder someone you don't inherit from them. This is a deterring punishment because otherwise people will be asked for inheritance. Okay.

00:38:04--> 00:38:42

And now why is it that slavery with his slaves will not inherit because they are owned, if the inherit this money goes to the master it to show that it would have better gotten to a like, relate a relative of the disease versus going to the master. Okay, but if someone wanted to do a favor, what the what they should do first is to emancipate Not, not to pass on money to them, to emancipate them. And there is something called that be here that's emancipation after life. For those who don't have

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

sort of

00:38:45--> 00:39:09

the ability or the will to emancipate during life, but anyway, so this is an important chapter called the minor and Earth. The daughter is entitled to a designated share an important chapter the sun is Asaba residuary air and important chapter that we will go over all of those are with us. This is not with us, this is with us. This is not with us because of the millennium.

00:39:11--> 00:39:25

Because of the Mowlana This is with us because of being entitled to a designated chair an important chapter Sun ossabaw transit weary air and important chapter one Sr. Entitled designated chair

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

as hobbled food, and you will find her here you will be able to spot here here, okay, we didn't say full or half but you know, you're able to spot here here, one brother,

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

one brother, or what is it two brothers, half paternal? Those are us half Furuta reservoir years they are with us, one maternal brother, one maternal brother is with us you will have to consider him because he is an error not Yes.

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

has a designated chair or not yes What'd he inherit in this particular Miss Ella Of course no. There are too many people that can block him and that is that chapter of enhanced Babel has the chapter of blockage who blocks who keep in mind there is a huge difference between Manna hindrance and blockage what is the difference between man now what what is the difference between this and this both of them will not inherit both of them will not inherit anything in this particular mess Allah what is the difference between them

00:40:41--> 00:40:42

anyways yes

00:40:43--> 00:40:48

because of this particular particular case someone is blocking

00:40:49--> 00:40:56

okay okay No, but what is the more practical difference that we need to be cognizant of the

00:40:58--> 00:41:02

elimination or had to be any blockage

00:41:03--> 00:41:05

okay okay.

00:41:08--> 00:41:16

Whereas blockages to an external all of these are valid differences but the most important difference that I want you to remember is

00:41:20--> 00:41:21

that the other

00:41:22--> 00:41:36

okay yes, but the one difference that I want you to remember very very well as what the person the person who is hindered not blocked hindered by a man and in turn them manner

00:41:37--> 00:41:43

exactly he will not be with us to begin with he is not being considered

00:41:44--> 00:42:09

he's not there, he's just not there. This person everything else this person will be present will be present this person can block his mother you know a couple of these a couple of these two or more of these can block their mother's husband upside down partially partially why

00:42:10--> 00:42:15

you seek medical doctors and other unscientific penasaran focus on any phenomena sort of symmetrical in Canada

00:42:17--> 00:42:21

Okay, okay. We got to it quickly. And

00:42:22--> 00:42:30

he said But before this forever the minimum as a service

00:42:31--> 00:42:33

for Kerala 30 Ami so this

00:42:34--> 00:42:59

Yes, I wanted to bring it from the beginning because the whole verse is is important there are three verses are extremely important 1112 and 176 of Certainly sir so 11 Is your signal theoretical disagreements are how they don't say anything can any sound of a person at any phenomena tourism adequate cannot we're headed for this video by equally wide in homage to the smooth Matata can Canada weather the weather trend America worldwide is

00:43:00--> 00:43:02

fairly only solace

00:43:03--> 00:43:27

fair in Canada who f1 For Leominster this month it was at UCB. Dinah balcom, Okanagan, another una Yamakawa Allah in Laguna halimun Hakima. Okay, so in this particular verse, it says that if you have if there are two brothers, it didn't say which kinds of brothers any two brothers if we're plural, but it meant two or more

00:43:29--> 00:43:39

then the mother will not inherit 1/3 it she will inherit 1/6 What is that called? When you when you are partially blocked? It's called the hands

00:43:41--> 00:44:08

knocks on that is partial blockage, not total blockage hajipur her man is total blockage. Okay, but this person is with us. This person is going to be crossed he's not with us. And that is one of the things that you will have to look at the okay so I'm just gonna come to it. What is it? What about the maternal and

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

what about the maternal and

00:44:16--> 00:44:46

Okay. The maternal aunt is not with us to begin with. She is not one of the 10 women Is she one of the 10 women. She's not one. If you are Hanbury or Hanafy. You will not completely forget about her. You will remove her temporarily, but you will keep her on the side until you may come back to her because she has been very ill or harm or not.

00:44:47--> 00:44:49

Okay, that's extended kin

00:44:51--> 00:45:00

or special kin that is not Asaba is not a residuary heir but she is a relative. You will come back to those

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

relatives, though they will or ham connected through the womb, you will come back to those relatives that are not here. If I don't have anyone here,

00:45:14--> 00:45:50

okay. But before model before the emancipator before a multiple multiple would be the last one. But you will come back to that we are ham according to whom Hannah visa honeyberries, Maliki's and shefa is well cross the material and like this and forget about her, because it will go to the Treasury before it goes to her. So that that's that one mother, one mother is certainly with us. One grandfather is certainly with us and he's going to give us the greatest struggle

00:45:55--> 00:46:14

if he if he's left money and he did not say which madhhab well, it will be the the the basically the official one of the state, in a Muslim country, in in a place like here if he does not tell us who should like some people in there will say they say that

00:46:15--> 00:46:37

I'm just to be the arbiter for instance, or something of that nature, if he does not spell out who gets what he can say. So and so whatever organization will be the arbiter, if he did not, then there must have of his community his like his Imam, what whoever is going to do that division?

00:46:40--> 00:46:53

The Yes, Musa Na, the executer if he left and executer, then it would be the executioner's. But if you did not leave the execute, or it will be whoever is going to do the

00:46:54--> 00:47:38

division. Now, mother and grandfather were done with this, why did we start to buy this it gives us structure, although we don't have that much time anyway, but it does give a structure we're looking at this, the first thing that we will look at is who are the heirs to begin with, who are the heirs to begin with. The second thing that we will look at is any one of them is hindered from inheritance because of being the murderer of the deceased being of a different belief than the deceased or religion or being a slave. So, these are the three hindrances

00:47:39--> 00:48:20

and then we will remove this and then we will look at the rest of the people at the rest of the people who are the people who have designated chairs, that is a chapter called The US habit and for rude people was designated chairs and who are the people who are asked about residuary errs, we will have to identify those. Those are two different two big chapters, two big chapters. Now, among the laws about the reservoir years, who's blocking who that is an important chapter called that had called alhaja, or the blockage partial or complete block CSF.

00:48:23--> 00:48:24

In the case of

00:48:25--> 00:48:26

breastfeeding, are they

00:48:28--> 00:48:38

okay, no, and then I will come to it. Right now. That Okay, good. Thank you for asking this. I will come to it right now.

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

Now.

00:48:42--> 00:49:34

So that's the chapter of blockage. Do I have more shares than I have estate, though I have more shares? Meaning that what ultimately we want the division to come up to 100% of the estate? What if the division comes up to 120%? I mean, it's not usually like us fractions, not percentage, but what if the division comes to 120% This is a chapter called the loan allows, which he has that is proportionate reduction, everybody will be reduced because we it's crowded. So we will have to accommodate each other. Everybody will be reduced a little bit. What if we have what if the as Harbin for all the people who have designated chairs we don't have a robot? Because once we have

00:49:34--> 00:49:45

Ansible we have also but that will inherit means we there is no hole if we have ossabaw There will never be Asaba and

00:49:47--> 00:50:00

basically extra money with us or you know, because the robotics the rest, so, okay, but if we don't have a button we have people with designated chairs and they took up to 80% of the

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

inheritance What is it there there there is no 80% It's fractions, but anyway just imagine 80% of the inheritance what is this going to be called?

00:50:11--> 00:50:17

Rod How old is what is the opposite of this they took 80%

00:50:21--> 00:50:35

Hi Ani, okay. Rod rod this is called as we call a rod what redistribution are basically redistribution redistribute the rest of that you have

00:50:37--> 00:50:58

Command V the the heirs that is an important chapter which is the chapter of the rod the redistribution. Now, the question that was asked is an important question also because at the beginning of the lecture in the second lecture, we will start you know we will start the seminar until after we come back from the break

00:51:00--> 00:51:11

at the beginning, we will talk about what we will talk about Arcann as Bob was Rootworm Awana earth that is what the pillars the conditions, the hindrances

00:51:13--> 00:51:48

and the causes of inheritance or let me just finish this quickly so, that when we come back we go right into the So, what are the Arcana of heirs whenever you talk about any subject you talk about the pillars the pillars of the Salah, what are the pillars of the earth what are the main topics there is whereas more rest and Eros you know, so, there is the the there is the testator the is not other right words for the more or less

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

the student is the right word

00:51:55--> 00:52:15

and the Student Okay. So, please correct me every time I make a mistake in translation, the cedent is that is the main and then there is the air is another good word. Air is good. Oh air is good. So there is this the cedent there is the air and there is the property.

00:52:17--> 00:52:34

Property. Okay. state, the state. Okay. And then. So these are the three pillars, they these are the Arcam the three pillars and thank you so much. It's very helpful. We all want to know the right terms that are being used here. It's not superfluous at all.

00:52:35--> 00:52:36

Okay, so the

00:52:38--> 00:52:46

kalamarez he said the cedent and Morris and wires is the air deceased technical term is defeated.

00:52:47--> 00:52:48

Okay.

00:52:50--> 00:53:22

Yes, this is the cedent this event Okay, D C, E N T this event. Okay, so a more reservoir is and the earth these are the pillars you have to have the three heat to have any Murat you know, you have to infer any inheritance, you will have to have the one who's passing on the estate, the estate and the one who's receiving the estates was very, very simple. Okay, these are the pillars, what are the s Bab what are the causes of inheritance

00:53:23--> 00:53:31

as bobbin Earth and NASA been Nikka Hawala, and NASA is what kinship,

00:53:32--> 00:53:52

kinship and Nikka is what marriage in Wella is what allegiance, allegiance, why through emancipation. And now in Hamdulillah, there is no religion that put together a better system for to get rid of slavery than Islam.

00:53:53--> 00:54:22

So, now 100 We don't have to discuss these issues, but they are part of the effect and whenever we study effect, we will have to study effect according to the tradition and then we do the adaptation to our circumstances at a later stage, but that has to always be studied according to the tradition and then we do the other patients at a later at a later phase, okay. So, now, what are the conditions

00:54:24--> 00:54:48

that conditions schroot The conditions of EHRs to verify that the person actually died, to verify that the other person survived them and to verify that there are no hindrances, these are the conditions verify that the person died, verify that the other one survived him, not did not die before him.

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

did not die with him. Verify that the other person survived them verify there are no hindrances and then we have

00:55:00--> 00:55:05

The last thing is that Milena Hendren says what are the three hindrances

00:55:12--> 00:55:13

to NAFTA deal

00:55:15--> 00:55:20

after NAFTA Dean well Kathy worth, so being of different religion

00:55:21--> 00:55:30

being the merger of the deceased and being a slave or not free, these are the hindrances

00:55:31--> 00:55:37

I guess this this is a good introduction inshallah okay

00:55:38--> 00:56:14

should we say intentional murder when we come to it we will study the different mazahub Because if you're sheffey you will not say intentional murder if you're Maliki you will say intentional murder. So we will talk when we encounter the two or you will say a lot when the medic is basically unjustifiable killing so we will come to it but for now let's say I'll pack and then when we come to the details and see who gives which one of those among the mazahub inshallah we will have

00:56:15--> 00:56:31

five or 10 minutes oh god it's 930 When should we come back? 935 or 940 35 Oh, you're very energetic of you. Great. You could you could pick up coffee or go to the bathroom in five minutes

00:56:46--> 00:56:47

Okay, we're ready.

00:56:48--> 00:57:08

Yo, Smith salatu salam ala Rasulillah salam ala okay. So, we will start Inshallah, this is going to be a long day on that. In fact, this is a book this this is the map I based my talk today or I based today's seminar on that effect. It is a humbly manual

00:57:09--> 00:57:18

of Feck written by an American Kodama Rahim Allah Tala who died in the year 620 After the hedgerow

00:57:19--> 00:57:36

Maoris, there are not that many differences between them as I have been more at ease. When there are we will point them out. When they when there are we will point them out. So whichever method you're coming from, don't put your guards up your you will be fine.

00:57:38--> 00:57:40

If there is a difference, we will point it out.

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

Okay,

00:57:45--> 00:58:17

the order of Okay. So what as I told you before, every time we have a masala and we said that we are going to use the word masala every time we have a masala that is presented to us. What do they say? Matata like he died and he was survived by and then they give you a list? They give you a list? Are we going to go right into inheritance? No, we're not going right into inheritance. There are things that will be done to the estate of the deceased before we get into inheritance, the first thing

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

and this order is Hanbali. And we're not going to be you know will point out the differences in inheritance but we're not going to point out each and every difference. This order is a company order first the funeral expenses will go out second specific debts that can be found in the estate. What does that mean? You know, so I lent you something and then now it's time to divide the estate. I find the very exact thing that I gave you the very exact piece of furniture that I gave you, I get to take this before all the debts are distributed it is my exact thing

00:58:59--> 00:59:44

that I have given you. So that that will go out first and then all the general debts, all the debts, everything that this is owned to people will be given to them in the Hanbury mess have these include that to Allah as well. Such as you know, the delayed, you know, had delayed the cat things like that, and then wills well you know, whatever the 1/3 is that you have the right to dispose of requests bequests Okay, so we will put the number four it will be bequests instead of whales it will be bequests and then inheritance.

00:59:47--> 00:59:51

So, in Arabic what would that be that he's in my head?

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

Do you want in my youth during more hyaena at Union, Metallica, busy, mathematic

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

It was sia and miraz.

01:00:06--> 01:00:22

Okay, so now, the first thing that will go out is what remember funeral expenses everything that is related to death and the preparation of the body and burial and everything, it will come out from the estate. And then

01:00:24--> 01:00:45

then if someone finds their own thing, their very own thing they will take, then all the debts will be taken out subtracted from the estate or taken out from the estate and you know, people will be paid back. And then bequests. And then not what does it mean? If someone

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

okay,

01:00:51--> 01:00:54

you borrow you borrowed my iPhone?

01:00:56--> 01:01:11

Not the HIPAA. HIPAA is not not non refundable, right? You borrowed my iPhone and in Okay, let's say I borrowed your iPhone, and then I died. Okay, I borrowed your iPhone and then I died.

01:01:12--> 01:01:29

And I also I owe a fashion of $20 that I also for some $16 and I owe Chef $5 Then everybody comes to take their stuff, you find your iPhone, you take it

01:01:30--> 01:01:48

then they say okay, he owes me 516 20 Let's say I left behind and and there is deferred is a catalyst or something, then let's say I left behind the only $20 Then everybody will take

01:01:50--> 01:01:53

in Yes, they will take a

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

yeah

01:01:58--> 01:02:10

the proportion of the part of the estate that is proportionate to their entitlements.

01:02:16--> 01:02:19

Yeah, there are differences when it comes to the HIPAA laws.

01:02:21--> 01:02:28

They are not included for instance, in the recordings in Hana fees, who could not will not go out of pocket to go out.

01:02:31--> 01:02:42

But the the the debt coming out before there was a year is by consensus. There was a year coming out before the inheritance is consensus.

01:02:44--> 01:02:54

Okay, the book of Bitcoin bequests and Emmanuel Kodama Rama, Allah started by this Hadith from South Sudan, Saudi Arabia, Casa de la.

01:02:55--> 01:03:32

So it was reported from Saudi Arabia past that he said, O Messenger of Allah, my ailment, my ailment reached the extent that you say, and I am a wealthy man, and I have one daughter only Should I give her two thirds of should I give away two thirds of my wealth for charity? He said, No, I asked half. He said, No, I asked 1/3. He said 1/3 is fine. And 1/3 is still a lot. It would be better to leave your inheritors wealthy than to leave them poor, begging from others.

01:03:34--> 01:03:59

So, you cannot you should not give more than 1/3 of your inheritance. What but what is preferred in terms of the wasa year? What is preferred, according to the honeyberries where's the Hubballi? monterra Hieron alwasy yeah to be homos. siematic. It is preferred for one who leaves wealth behind to bequeath 1/5 of his estate.

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

Why? Why is this because of reports that are not necessarily authentic, but, but because also have

01:04:10--> 01:04:28

certain, you know, reports traceable to the Sahaba but one Allah Allah him in, you know, not only their statements, but also their actual bequeathing they bequeath 1/5 of their inheritance. Liana Kodama cited those,

01:04:29--> 01:04:30

okay.

01:04:32--> 01:04:59

Now, if you're poor, if you're poor, you should not bequeath anything to anybody. You should leave all your money to your to your inheritors. You should not be quis, it's Makrooh for you to bequeath anything to anybody. Because the Prophet sallallahu sallam said it is better to leave your inheritors well off than to leave them poor begging the people so if you're poor, don't pick these two people let you know your your

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

horn survivors

01:05:03--> 01:05:07

get to that get all of your money now the legacy yes

01:05:16--> 01:05:25

thank you, that's a good question also. So, the 150 that you will be squeezed up to 1/3 You do have the right to bequeath up to 1/3

01:05:29--> 01:05:35

or more if your inheritors will will approve of it or more if your inheritors will approve of it.

01:05:36--> 01:05:38

Now, let's say you had

01:05:39--> 01:05:44

who gets that let's say you have a non Muslim father, a non Muslim

01:05:45--> 01:05:49

aunt, for instance, and yeah, Sophia,

01:05:50--> 01:06:27

because the money to her Jewish cousin right and that is why it is the agreement of Muslim scholars that you could be squeezed money to your non Muslim relatives, non Muslim relatives, this is part of the kindness that is basically expected of all people regardless of their religion, so bequeathing money to your non Muslim relatives, bequeathing money to your non inheriting relatives, you have a maternal auntie, for instance, I said, and in Canada one time and they said to me, here, we say aren't don't say and,

01:06:28--> 01:06:32

but anyway, so you have our material. And

01:06:34--> 01:07:04

if there is any Canadian here, you have a maternal aunt, for instance, she's not going to get anything from inheritance and and keep in mind that will or harm does not mean that they are less important or less significant. The Prophet sallallahu sallam said that farla demonstrated on or AlFalah to it the AlFalah the maternal and is a mother, the maternal and is like the mother. So, it doesn't get any closer, you know,

01:07:05--> 01:07:27

among some of some phenomenal So, your mother and your mother, your mother, so, if she is a mother, she is like your mother, she is extremely close to you, if she is not going to get from the inheritance, give her from your bequest okay. And also anybody, anybody in fact, you know, the way

01:07:28--> 01:08:10

the way for the future here in these Muslim minorities in a country like this in wherever we are, our institutions will not stand on their feet, unless people remember also the different organizations, different institutions, their massage and so on you, you know, how much our path to Catholics have in this country, you know, how much hospital Catholic hospitals around the world, we this is something that we have to pay attention to, you know, we will not survive as a community that the money is basically necessary for all of those activities and functions and

01:08:11--> 01:08:20

building our institutions. Anyway. So, you will do whatever you want with the 1/3 but you cannot give more than 1/3 Less.

01:08:21--> 01:08:27

Indonesia back in water. The Prophet sallallahu sallam said la Siata the virus

01:08:28--> 01:08:30

in learning about it was

01:08:31--> 01:08:45

that additional learning about the water was reported by a lot of Putney and even hotter Rahula consider that reliable. So loudly I tell you this there should be no no request for an air

01:08:47--> 01:09:13

except if the rest of the airs approve of it. Now the honeyberries would stay they have to do different reports they will say still, it's still forbidden but it will be valid and some report says it's more bad and so on. But in general it is okay. It is okay. As long as the rest of the heirs will approve of it. You want to give half of your money to your Masjid take permission from your kids

01:09:15--> 01:09:29

and then they can retract it. Yes, they can retract it after you die it will be there right? They can take it back they can give you permission say okay give your half of your money to the masjid and then you die.

01:09:30--> 01:09:38

They have the right to say no because their permission is required at the time of the division

01:09:39--> 01:09:41

at the time of the division, so you get to this

01:09:44--> 01:09:48

heavy zyada and the darkness and the docket near

01:09:51--> 01:09:54

Kawa. So now

01:09:56--> 01:10:00

Okay, now who can receive? Who can

01:10:00--> 01:10:42

receive the equivalent of Saheba who will humbly is the only man who can do that in Australia, and bequests are valid for the benefit of anyone who's eligible to receive gifts and for the fetus in the womb, if it becomes known that he or she was present in the womb, at the time the bequest was made in his or her name, okay, anyone can get a bit bequest including your method. Okay, if I wanted to be interactive, but if I also want to make sure because I have like four or five people in the one thing to ask questions, I wanted wanted to make sure that we finished so it will be up to you. I will not say no, but it will be up to you if we will finish or not. Yes.

01:10:45--> 01:10:45

So

01:10:52--> 01:11:16

this is coming out at the end and it's coming at the end this this Yes. No, no, it's going to get them any any this ambiguous nation any need for this ambiguous nation. So any question that is not pertinent to the very topic that we are talking about now, please defer it but any need for this ambiguous question. Please ask it. Yes.

01:11:17--> 01:12:04

Give to a child to add more to their share than the rest of the kids. Can I get a parent to give one of the children more than the rest of the kids? Okay, from the Messiah, okay. First of all, I did obey Allah, the Prophet sallallahu sallam said, you know, be fair among your children or be fair with your children. So, by default, no, absolutely not. Except if there is a particular indication and such as one is this able to one hazard some issue and the rest of the kids Tarbert infozone medallic the rest of the kids are accepting you know, without any pressure of that then then that would be okay.

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

He still can reach

01:12:08--> 01:12:13

at the time of distribution. Yes, they can say no, we take it back.

01:12:20--> 01:12:20

Legally