Mawarith – Introduction to Islamic inheritance 02
Channel: Hatem al-Haj
File Size: 21.16MB
That's maternal siblings
we'll get 1/3 So I'll almost get 1/3 maternal siblings, we'll get 1/3
solar cell Bappi is a different story that we will come to there is 1/3 of the remaining is a different story that we will come to. So, who gets 1/6
so, a lot of people will get 1/6
The father will get 1116 The grandfather will get 1/6
if the father is not present, the grandfather will take the same rulings as the Father except that he will be blocked by the Father and He will not according to the honeyberries and the Madison Jeffries, he will not block the siblings and he will not compete with mother in the armory 18 Okay, but in general the grandfather takes the same rulings as the Father except in certain limited cases the grandfather takes 1/6 The mother
and the grandmother,
Okay, one maternal brother, or sister or sister, okay.
One maternal sibling
we'll get 1/6
So, the father the grandfather, the mother, the grandmother, one maternal sibling, that is brother
water of the sun, When does she get once the sex to the daughter of the Son, if you have one daughter, who will get one half she will get the rest of the two thirds which is 1/6.
Off to the abdomen of the shopkeeper is the other scenario here and often Algoma in Odisha pika that is the half maternal
sister and often album out of the Savica okay, we said that in the Kerala Kerala is what the man who was not survived by inheriting children or
male ancestors, inheriting male ancestors, that is kallada
no father, no paternal grandfather and no children inheriting children who are the inheriting children the sons, the daughters, the daughters of the sons, no matter how many many generations down
the way so we say sons before the sons no matter how many generations down and the daughters and the daughters of the sons no matter how many those sons no matter how many generations those sons down Okay, so now we're done with this let us go over
the scenarios of each and every one
okay, it's going to be difficult
1042 Already okay, what time is your segment 1111 12 Sorry, is that your segment okay.
So, but we will come back after this segment which is extremely important and we will do our thing Inshallah, after lunch
lunch just half an hour we get we will try to squeeze lunch because there is much material to cover here. Okay. So the husband when whenever you start any case, check Muhammad can you do your model thing? Where do you go?
Can we remove these and put them up there? So whenever
Okay, so whenever you have any Miss Allah, whenever you have any Miss Allah start with the spouses, please start with a spouse's, okay? And then the rest of the people with designated chairs and then the residuary errs, so give me a Messala that has a
So here an amendment for the American alata says, For the husband, one half of the estate of the deceased has no inheriting offspring. If she has inherited offspring, he gets one quarter, she the wife is entitled to one quarter whether there was one way for four, if he has no inheriting offspring, if he has inheriting offspring, they the wives are entitled to 1/8 All of them are entitled to one aids. So you have
so you have a husband.
So anyway, let me let's do this. Let's do this. What let's use the genome Do you guys know how to use this? Do you guys know that squares for male and Circulus for female and this means they are married and this means they have children
this means, so, if we say
that this is the original case that this is the index case, if we say this is the index case,
Wait a second
Whenever I write this, when I whenever I draw this, I will do two circles here to point or two squares to, to point to the index case index case, this is the index case. And this case if she was survived by all of those. This index case was survived by all of those.
Who is this?
Her husband? No guys, like his seven anger is here. Like, this is her father. This is her mother. She's coming from her father and mother. Her sibling is here. She went and got married to this man. They have these kids.
Okay, this is who's this?
Her grandparent paternal grandfather, who is this? Her paternal grandmother? Okay, so she was survived by her husband. Two boys, two sons, a daughter, a brother, a father, a mother.
A grandfather and grandmother paternal? Both Okay. Men say what is who is going to solve this masala? Yes.
This one, how are you going? Like, okay, who's gonna get what now
she only survived by husband, no one else. Okay. He will get one half. What about
the rest you want to ask about now as well and stuff like this. Anyway.
Okay, so Okay, so he's talking about the Reddit redistribution. According to the forum as I have. There is no redistribution back to the husband. You guys. You got the ABCs are FERS you're getting us into like the Okay. Ready redistribution, redistribution.
What he's talking about here is when she's survived only by husband or He is survived only by a wife. According to the formula have the husband and the wife are not included in any redistribution in any rod. They are not included. The money will go to the US about there are no rules about we'll go to that with our ham there are no that will not have will go to that state. Okay. Now, Usman Randazzo Jane was marady Allah on who redistributed to the
to the husband and the wife, magnifier Sharia took the position of Othman even though it's counter to the form as I have, because in our conditions here, let's be honest, like what what do you want to do? Like you want the money to go to the state or you want the money to go to the
Okay good money is going to the wife that's it but this is okay let's
this lady died Alia Hummer.
Okay, what is this poor guy getting now?
Forest one forest one quarter why
our children? No.
Say the right word Lu will do that for awareness because of the presence of inheriting descendants because of the presence of inheriting the sentence.
because the daughter his daughter is actually your child, she's actually your grandchild, but she's not inheriting?
Yes. Okay, now. Okay, so he's getting one quarter.
If we take these out of the masella, if we cross the children, how much does he get half? In the presence of everybody else? Yes, he gets half. Because what, what? What blocks him from the one half to the one quarter is only inheriting the sentence, we're done with this one? Let us say
Just just to flip it, you know, let us assume that okay. It was difficult to be the index case, if we if this index case was the man, if this if this was a man,
make it a man. And this is his wife.
Okay, what does she get 1/8. If we remove this, the inheriting descendants she gets one quarter we're good. We're done with husband and wife. That's great.
Okay, six people will never
walk away without
without part of the estate, who are the six people that will never walk away without getting parts of this state?
That the inheriting children.
That is of the first generation, your son and your daughter, let's say your son and your daughter of the first generation just immediately because the rest can be blocked by them, your son and your daughter,
your wife or your husband?
Because you can't have the tool
and your mother and your father, your mother and your father, these six people
will always get something never will they walk away without anything. So because Yeah. So now the inheritance of the Father. The Father has three possible situations. If there are male descendants of the deceased, he gets 1/6 He inherits as a residuary heir. If there are no inheriting offspring, he gets 1/6 and inherits as a residuary heir if there are female descendants of the deceased. Okay. So, when when it comes to the Father, you know, you know, the verse of Serafina, verse 11, of Surah Nisa that we
quoted earlier, when it comes to the Father. We're not looking at anyone except the descendants. We're not paying attention to anyone except their descendants. So, we will have three scenarios. The man was survived by sons or sons sons.
The man was survived by daughters or sons, daughters. The man was not survived by any children.
Three scenarios, if the man was survived by sons or sons sons, the grandfather will get what the Father will get what only 1/6 Because he cannot be Asobi and take the rest, because as we will come to it in the chapter of an Autobot
Well, now that we first first the first thing that we look at is that direction, that direction of will bounnam Wah, which is filled reality
takes precedence over the direction of Ebola, which is ancestry
takes precedence because one is still have the responsibilities of life ahead of them and stuff. Yeah. So, okay, so the direction of the bioethics, precedents, fairies.
And in this case the Father will not be a residuary heir in the presence of the Son or the sons sons. In the presence of the, in the presence of the daughters 1/6 In the absence in the absence of everyone, what does the father where's the father in the absence of, of the children?
In the absence of everyone, he will be a residuary heir. Okay, if there are daughters, why is he given the sixth? And the rest? Why can't we just say the rest? But does it mean to say the sixth and the rest of he's getting the rest? He's getting the rest?
But why are we doing this?
But the rationale behind
Exactly. Because in the presence of daughters, that daughter is are
so strong they can really, because they take what, one half or two thirds if they're if there are two daughters, they take two thirds that man if you we say the rest, he may walk away without anything and he's a father. He can't walk away without anything as a father. So if that is the case, if that is the case, we will not say the rest, we will have to say he will get 1/6. Okay. All right. So
okay, let me give you an example.
A man was survived by a husband,
A woman was survived by her husband.
A woman was revived by a husband, two daughters, a mother and a father.
And a woman was survived by a husband, two daughters, mother and father.
What does the husband get? One quarter we are done with this because there are inheriting children? The husband will get one quarter. What does the mother get?
Okay, 161. So one second, the two daughters? What do they get? Two thirds.
If we say that the father gets the bappy the rest? He's not gonna get anything. Two daughters will get two thirds, the mother will get 1/6 and the husband will get one force. Is there anything left? No. Without anything? This is? No, this is eyelet. This is this is already we don't have enough. So it is the it's crowded without. So nobody of the residuary heirs will get anything therefore, therefore, we made it look like this. And in fact, can you read the statement of can you help me read the statement of the professor of
the big at the beginning of this pdf The under the chapter of our Sabbath, the chapter of us about
it's just a beautiful statement. I want that no I'm sorry, at the beginning of the book of inheritance at the beginning of the book of Romans and the PDF of Shalonda that I gave you and I will end by this before started on that I gave you
this is the book of inheritance. Oh you
know the Book of inheritance.
The very beginning of the book of inheritance
Okay, can you come here, come here, come here. Read this here.
Okay, so this professor America Rumsey, or MC.
He was a professor at the King's College in London, between 1825 and 1899. He's the author of many works on the subject of the Muslim law of inheritance. That's what he said the Mohammedan law of inheritance comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilized world. And its beauty and cemetery are such that it is worthy to be studied, not only by lawyers, with a view of its practical application, but for its own sake, and by those who have no other object in view, then their intellectual culture and gratification. So that's it some Allahu Allah Muhammad, Allah Allah He was off
okay. So, now that we you know, because because it is the next segment is going to be very important.
I wanted to say we're clear why the father is getting 1/6 and the rest now, right in the presence of daughters or sons daughters, we are we are concerned for him that he may walk away without nothing. So, we give him 1/6 And the rest if there is rest, okay. You know, we survived with the by two daughters and a father survived by two daughters and a father the daughters will get two thirds the father will get 1/6 and the rest he will not get 1/3 He will get 1/6 and the rest.
They happen to be 1/3 but he's getting 1/6 and the remaining sixth he will get it as a residuary err. So,
yes, now we don't say 1/3 because 1/3 is not you know, yeah, I will stop here. We will have a 10 minute break and we will come back and then we will push Shafi answers
10 minute, we'll give him his 10 minutes inshallah. Okay, we'll stop here and come back in 10 minutes for our segment.