Mawarith – Introduction to Islamic inheritance 04 – With Yaser Ali

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Hatem al-Haj

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We're out of time. If you have questions inshallah we can address them in the afternoon session at the end of the day or you can contact me inshallah I will do my best to answer if I don't answer please don't get offended I will try inshallah email is better than phone as well does aquilo Clayton Tronic along with something they're so lonely island and going to work. The PDF is on your it's a handout you have the full PDF already. Yes.

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Honestly, honestly, the humbly it must have gives you flexibility

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because there are different reports within the homebody Muslim.

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So, the math has more internal disagreements than the other Meza internal disagreements within the Muslim. So, without leaving the Muslim,

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you will still be able to have some flexibility inside the method. Additionally, the homebody method is the most flexible one in terms of transactions.

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It is the stricter in terms of a bad debt, but usually the conflict with reality is not in a bad it is with transactions, particularly in the financial transactions, the humbly method is the most flexible for sure, in terms of financial transactions.

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But, having said that, this, I chose somebody must have without this consideration, that it would work out better, no matter

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you know, there will always be need for transfer and

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choosing and patching. These are three different things transfers. Yeah, transfers done are called choosing as FTR patching is that deep transfer, which is the output is for the public to transfer from one month up to one method

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or to transfer to a position that's outside the form as I have that has been mainstreamed, mainstreamed by widespread acceptance. Three divorces is one not three, three divorces in one progress equals one. That's, you know the position of the law in Egypt and Syria and Jordan and so on. They took this from Imam Miyazaki Mahalla. It's a position outside of the form of the head, but it has been mainstreamed by widespread acceptance among the scholarly community.

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So

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the public will have the right to transfer the public do not have to follow a particular method and that's the correct position. Even Aberdeen ma'am now Aberdeen Rahim Allah, the greatest

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of the latter, Hannah fees of the very late Hana fees, according to many people said that law may 11 Habana that stronger position among the scholars that the public do not have a particular method because mixing zealotry with ignorance results in fire.

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The mazahub are followed by the students of knowledge and the scholar within the scholarly community, not the not further me. So transfer, the higher is for the scholar that chooses on the basis of 30 between the different positions in them. And the disagreements within the same methanotrophic is when you batch them together without defining the intent of the shadow or the legislator. When do you define the intent of the legislator? You do some like when you do use the double standard. So you use the pre emptive rights against your neighbor. And then when the other neighbor comes in and says I want to use it against you. You say no. This use one of my one time and

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another time another time. This is double standard unacceptable. And or when you say that the Maliki's do not require the testimony of two witnesses in marriage and the Jim Hall does not require announcement so you have neither announce it nor you have two witnesses that is secretive marriage defying the intent of the legislator, that type of defeat is unacceptable. But otherwise, otherwise, whichever must have you will choose there will there will come times where you're not going to be following that Muslim, any Maliki here for instance, who says I am Maliki? Well, he shouldn't be Maliki if you're here, because according to the Maliki madhhab, you should not you know that, you

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know living outside of Islam is not acceptable.

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So everybody is using some form of flexibility to not put an end

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or to hire or this or that.

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So, whichever whichever one chooses the student of knowledge chooses if they are flexible, here is the idea we keep on jumping from the

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people who are not moderated the, these basically dance like a pendulum from one extreme to one extreme currency and societies that are not mature that are not intellectually competent and not mature, they also the answer because it is always emotional, not intellectual.

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But if the pendulum never stays in the middle, the middle is to avoid, you know to basically

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to for the students of knowledge to study according to one method without zealotry, you know, Thomas Hogmanay that also does you know, take a meth lab without being a zealot. So acid anyway, so

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Sultani issue

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to bring everybody in, but but he went and he is Yeah. Did you give them okay, you shouted. Okay. So, let's, let's start Bismillah Alhamdulillah wa salam ala Rasulillah. Okay, so we finished

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the father, right, we finished the Father. Just remember this, because when we come to the grandfather, it will be just like the father. So the father gets 1/6

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gets one six plus the rest, or the rest gets 1/6. If there are male offspring gets one six plus the rest. If there are inheriting female, offspring gets once gets the rest. If there are no male or female, offspring, inheriting offspring, that is the Father. Now, here's the problem, our problem inheritance of the grandfather, some of the

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actually, it's reporting even from some of the predecessors, they said, c'est la vie, Yahoo, whatever, yeah. But

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whenever they talked about the jab, the grandfather

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May Allah not ennoble him or something like this.

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Because he's give, he gave them a lot of trouble.

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And now, if you're Hanafy, you can check out and you can say, you know, I've come back after one hour, because for HANA fees,

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and if this is the one position in the home value method also, but that is not the dominant position. The grandfather blocks the siblings, so you will treat him just like a father except, except in two things. You'll treat him just like the father of your hand, he will treat the grandfather just like a father except in two things. What are those two things? One, the grandfather will be blocked by the father. Okay. Second, the grandfather, there will not compete with them.

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We will come to this to this particular one. When we talk about a husband,

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a mother and a father,

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a husband, a mother and the father. What does the husband get?

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Half why?

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No, inheriting offspring. Okay, so we're left with one half. What does the mother get? She is entitled to her designated chair.

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1/3. So 1/3 and one half, how much is left? 1/6 that is the rest. So that's what the Father guy gets. So Amara Delmon who said, Well, you know, the father usually gets twice the Mother, how his company is going to get one half of the mother year, who he does not always get twice the mother sometimes gets the same like the mother. Sometimes it gets twice the mother sometimes gets more or less.

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More and more than that, but But anyway, here, he's gonna only get he's going to be left with 1/6 because he is not he's a residuary heir. In this example, there are no children. He's only a residuary heir, and this time he gets the rest. So the husband will get one half the mother will get 1/3 He will be left with 1/6 So these are at all Maria de la Maria tenemos el Atenolol Maria tan as a Husband, husband, mother, father, wife, mother, father, in both cases. Amara, the Allahu Anhu said, No, we we will give the spouse whatever it is that's theirs. That pressed, we will give 1/3 of the rest. That's why I told you before Sulis Alberti 1/3 of the rest of

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We will give 1/3 of the rest, not 1/3 of the inheritance of the estate 1/3 of the rest to the mother and the rest will be for the father. Okay, so but if you have the same scenario, so a husband or a wife, a mother and a grandfather,

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when we say the grandfather takes the place of the father, no, we will give the grandfather the rest of the third after the mother gets hurt and fires third, so he will get one six, that's fine. He gets that one six. He's a grandfather anyway, he's, you know, he's not a father, he's a grandfather. So, anyway, so, these are the two differences according to the Hanafis between the grandfather and the father, one, the father will block the grandfather. So difference. Second, the grandfather in these two armory attain in these two scenarios will not basically change the inheritance of the mother like the father did, will not reduce the inheritance of the mother, she will get her full

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designated chair and the grandfather just to get the rest. Now,

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you are not Hanafy

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there is a third difference between the grandfather and the father. According to the Jehovah Maliki chef Hasan Humbert is that third the difference between the grandfather and the Father is that the father blocks all the siblings so that siblings all the siblings of the deceased the decedent,

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all the siblings of the decedent, the father would block them, you know, they're not going to inherit anything in the presence of a father, no, brother or sister would inherit anything in the presence of a father of the decedent. Hmm, yes, okay. But the grandfather, the grandfather, the Sahaba, this the Prophet was on did not leave them any instructions in this regard. And then the Sahaba Ridhwan, Allah, Allah in

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the Sahaba era him, they disagreed over this issue. It's a big disagreement, Abu Bakr, Al Othman, Isaiah, they have one position, which is, which was later adopted by the Hanafi is that the grandfather will not that the grandfather will be treated like a father will block all the siblings on what an array and Zeid said no. And they is basically

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for most of us, you know, most of the Messiah and Zion is the reference point because the Prophet sallallahu sallam said to have radical offer other homes aid or a product design, or the one who's

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basically most knowledgeable in foreign aid or in our youth in inheritance laws. huize. So Zaidan Ahmed and aliados Allah on his main, they said, No, the grandfather, how is the grandfather is connected to the deceased through the Father, he is one, one step from the Father. The siblings are also one step from the Father connected through the disease through the Father with one

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step only between them, therefore, the grandfather will not block the siblings, all of the trouble will come from this now, all of the difficulties that we will have in Mari is the most difficult masa and well,

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we'll result from this. Okay, so here, we will go according to the gym Hall, and if you're happy and you want to serve the to basically learn this for your intellectual

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or intellectual purposes, then that's, that's great. And I actually would, would say that you should, in case you needed to solve Miss Ella according to do more for some of your constituents. Okay, the grandfather is like the father in all conditions, but there is a fourth condition that applies to him when he inherits with only the full or half paternal male and female siblings. Then he gets the greater of these two, sharing with them, like one of them, or taking 1/3 of the entire estate, sharing with them like one of them or taking the entire estate

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yes, we're going through and what is it taking 1/3 of the entire estate? Okay, so now sharing with them like one of them, we're taking 1/3 of the entire state. These scenarios apply when if you don't have

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airs was was this

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It chairs heirs with designated chairs these scenarios will apply. So you only have what grandfather and siblings, grandfather and siblings now we will say okay grandfather

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and well let us say okay

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this is the grandfather okay

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and

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okay who died this one died

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this one died

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this one died and was not survived by was not survived by a father that doesn't matter a year you know with a mother but let's say he was not survived by a mother for this particular scenario here

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was not survived by a grandmother

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was survived by this grandfather and these two siblings a sister and a brother survived by grandfather, a sister and a brother what happens here the grandfather will be told you're entitled to the better of two options 1/3 of the entire estate or you would be with them like one of them which one the male not the female Of course he is a male. So you will be with them like another brother, you will act like another brother. Okay, the better of two options in this case what is better for him

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to be

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no

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no, it's better for him to be like like one of them he to be a brother Yeah, why? Because if he will be a brother then

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we will divide by five he will take two out of five two out of five for the other brother and one out of five for the sister. So two okay. So, two out of five is better than 1/3 Okay all right. What if you add another sister What happens have another system

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the third both are the same he will choose whichever one is both are the same 1/3 is like being another brother okay.

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If you put one brother and additional brother than the third would be better for him than he will say let me get take the third you know get out of here okay.

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That's it What if What if What if

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this lady is still alive?

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This lady is still alive.

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And let us also say

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that he was also survived by his wife

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survived by a wife and a mother. How much does the wife get?

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Fourth, because they know children, okay. No children, the wife gets Lisa's These are his siblings. These are not his children. He got married to this woman. These are his siblings, his father, his mother, his grandfather, his grand mother. Okay. So he was survived by the wife, the mother, the grandfather and these two siblings. This would be the next scenario here. Okay for in Kenema on zoo for me in Africa for both of my candidates that have woman okay. If there are other heirs was designated chairs they will take their shares first as usual. And then the grandfather will be entitled to the greater of sharing with the siblings like one of them taking 1/3 of the remaining

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estate after the subtraction of the designated chairs or taking 1/6 of the entire estate.

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Okay, so in this case, here is the entire state

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and in this case,

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the mother is still here. The wife is that he or she will get one quarter. That is the wife.

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The mother we said we will keep her with us. How much is the mother getting now?

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Okay, why 1/6

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Admiral, fo they will do the admiral fo because you

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multiplicity of siblings could be one brother and one sister, two sisters, two brothers doesn't matter their gender, just two siblings, okay, we have two siblings, the mother will get 1/6

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for the mother, okay, good. Now, okay. So, the grandfather, we will tell him, we will tell him, you will get

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1/6

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of the entire estate before the before any division, the better of one of three options, the better of one of three options 1/6 of the entire estate before that, heirs with designated chairs take their money, you will, you will compete with them, you will take with them, you will have a father with them designated share with them,

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or you take 1/3 of the remaining the rest after the heirs was designated shares to get their shares. After the IRS would designate the chairs to get their shares, you will get 1/3 Okay, or you will join these and take and be like one of them be basically a brother act like a brother. Okay, so what is better for him, in this case? 1/4 1/6.

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And when you see six, just think 12 Okay, so this will be two

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and this will be three out of 12. So three out of 12 and two out of 12. Right one chord one force is three hours 12? One, six, because you see six and 412 116 is okay, two out of five out of 12 we have seven how to 12 remaining. So what is 1/6? Of 12? Two? Okay, what is 1/3 of seven?

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To add a change, right? So it will be better for him to take 1/3 of the remaining. That's not always the case. But in this case, it's better for him to take 1/3 of the remaining than to take 1/6 of the entire estate. Okay, what if we say we will treat him like

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a brother? So we have seven out of 12 We have one boy one girl one one brother, one sister, if he joins them, how much how many shares of the seven will he get this done?

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Okay, he will, okay, so

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we will have seven, he will get

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to fifth of the seven to fifth of the seven.

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What is to fifth of the seven just you know try to remove the fractions and if we

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have

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any more. Okay, that's why I'm saying try to remove the fractions. And if you try to remove the fractions here, what do you do multiply this by five multiply the seven by five so you will have 35 and of the 35 he will get

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two out of five he will get 14 and the other brother will get 14 and the sister will get seven what is 14 and 1428 plus 735

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Okay, you will you will multiply this as well. So this will be

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you will multiply the original one by five everything would be multiplied once you multiply this by five everything will be multiplied by five. But we're we're just limiting ourselves here limiting ourselves here

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in the

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know this is seven out of 12 Just take the seven out of 12. And we're just trying to figure out if it will be better for him, it will be better for him to get 1/3 of we said that it is not going to be better for him to get 1/6 of the entire estate because 1/3 of the seven shares is better than 1/6 of the entire state 1/6 of the entire state says two out of 12 1/3 of seven is more than two out of 12 Once 1/3 of the seventh is what you know you could even do it by percentage. But anyway, so yeah.

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Okay. So here he will get Okay. So let us say that.

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So, seven out of 12

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He let us multiply. We said we said seven. Well, we'll multiply this by 35.

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The, what is 1/3? Of 35?

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Who was then I gonna have a problem with fractions? But

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2.3

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Okay.

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Okay, get me the one now with this being one of them 2.677 divided by five, divide seven by five,

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multiply by

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two 2.84 Is it better than for him to be like one of them? Yes, it is better for him to be like one of them. And we can talk about this he can Mr. Edwin removing the fractions. But this is not a very important chapter for us. Because we have calculators. And that is where, you know, we you know, want to study traditionally, but at the same time, you want to want to use the blessings that Allah had granted us, we have computers, so we don't have to basically lose our mind over the arithmetic problems, we have computers.

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So anyway, in this case, the grandfather would get better if he acts like one of them. If he acts like a brother, of course, you add another brother. And then he of course it will not, he wouldn't he would be at a disadvantage, if he shares it with them, then he will say give me what

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know the third of the remaining third of the remaining because it's more than 1/6 third of the remaining okay.

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So, he says here what I do, okay, the full siblings in this regard are just like the paternal half siblings, if there is only one type of them, if there are more than one type, the full siblings will count this is called their MO ad.

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Okay, if there is more than one type,

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with full siblings will count the paternal half siblings against the grandfather, and then they will take their share. However, if the only full sibling is one sister, she takes half and the paternal half siblings take the rest and the paternal half siblings take the rest.

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Okay, what is he trying to say here? And what are the what is this business of an MA The count the siblings against the grandfather? Now, let us imagine let us imagine that this man, the father of the disease, had gotten married to another woman. And he had

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two sons with this other woman who is not the mother of the disease, or the this, the cedent was not the mother of the decedent. So what happens here is that he the grandfather here will say, Okay, it's better for me, it is better for me to be one.

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One of you to be like a brother, it would be better for me to be like a brother, they will tell him

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keep in mind

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that these will not inherit in the presence of that.

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This guy, which is the full brother of the decedent will block these guys who are the half paternal brothers of the decedent yet just, you know, out of cleverness, or whatever that is, they will say to the grandfather, they are entitled by the law by Islamic law to say to the grandfather, these are all our siblings, we counted them against you to reduce his share. And instead of sharing with them, he goes back and says, Okay, I get the 1/3 of the remaining because they will count them against him to reduce his share. So if you if they count him against the grandfather, that is what's more add, you're doing him to count them against or you know, you're doing family, so to counter them against

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him. So if if they do, he will say okay, I get 1/3 of the remaining, then

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they, after they do this, they block them.

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They say we just wanted to use you against our grandfather, but no but you don't inherit with us. You are blocked by us. So we will count them against the grandfather and then we will block them because

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They are half paternal, and that's what it is.

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But, okay, then we have an act data. Yeah. And I don't know if it is wiser to go through two or three. Okay, let's try to do this. So we have an actor A these are called desireth USMEF that was water alcohol, though added asthma, these are special problems, special problems. I don't know if it is wiser to go through the special problems or not, but let's try to go through them quickly. Okay. So, this is an academic idea. It says here if there is nothing remaining after the designated shares are distributed except 1/6 The grandfather will take it and the siblings will be precluded. Yes, because he has a designated share 1/6 is the least that he would walk away with the least that he

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will walk away with is 1/3. Now we have other people was designated chairs, other people with designated chairs, okay, those other people was designated chairs. As well as when you add to them the 1/6 which is the grandfather's

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that's it, the estate will be will be basically all taken, then the siblings will not get anything, the siblings will not get anything because the least that he can get is one fix 1/6

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and the siblings siblings will be precluded, blocked, except in an academic year, which consists of husband, mother, sister, and grandfather, the husband gets one half, the mother gets 1/3 the grandfather gets 1/6 and the sister gets one half, then the sisters one half, and the grandfather is 1/6 are divided between them over three shares. So the problem will be resolved without fractions by making 27 chairs. None of the problems of the grandfather would be subject to our proportional reduction due to shortage except this and in no other circumstances, what assist there to get a designated chair in the presence of a grand father. Okay, so let me

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Okay, visualization is actually, you know, it's very hard for people visualization.

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To visualize this. I have what I have a grandfather, I have all of this out. Okay. I have mother.

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I have sister

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and I have husband, right.

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Right. Okay, so the index case, where's the index case? It has to be a woman. She has a husband.

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Okay. The woman

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this is her father. He died before her.

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This is her. Oh, this is her mother. She didn't die before her.

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And

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this is her grandfather.

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And this is her grandmother died. Even if she doesn't die, she's blocked by the mother anyway.

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And this is her husband.

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And

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she also has a sister. She also has a sister. What do we do now? If this is the index case, and she dies? And she survived by a husband? A mother, a grandfather and a sister.

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Okay, so in this case, start with whom? The husband? What does the husband get?

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Why does he get one half?

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No children. Okay. The husband gets one half. Okay. And then

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how? What does what does the mother get?

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Think about it. Are there children?

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Or is there a number of siblings? No, there's only one sibling, not a number, not two or more siblings. So what does the mother get? 1/3 Okay, how much do we have left? 1/6.

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The grandfather should be getting this 166 Based on our principle or principle is if we have if we only have 1/6. The grandfather gets it and the children the siblings get blocked. No. Here here

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actually, we

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benefit, he would benefit if the sister inherits. If the sister inherits with him,

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so he will say to the sister and I'm not going to block you, please come on in, like inherit with me. And she gets, you know, I'm not gonna block you, you will get your share, as if there is no

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inheriting children or ancestors. Okay, what is your share? If there is no inherit, inherit from children? Or ancestors? What would be your share? One half?

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Okay, one half.

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Okay. Now, so what do we have here? We have

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hmm.

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Okay, so No, but you have six here. Okay, let's say

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to this would be three out of six.

00:35:59--> 00:36:18

This would be two out of six. This would be one out of six. This would be three out of six. So what do you have? Three, two, that is 516. And three, nine. We have nine out of six.

00:36:19--> 00:36:21

What do we do? Okay.

00:36:22--> 00:36:29

Yeah. Okay, so now we have nine, we have nine. How that what does the husband get?

00:36:32--> 00:37:06

Three out of nine. The husbands would get three out of nine. What does the mother get? Two out of nine, proportionate reduction. So instead of the denominator being six, you just made the denominator nine. But you kept all the numbers on top. Okay, so three out of nine, two out of nine. Now five out of nine, five out of nine. How many shares are left out of nine? Four. Okay. The grandfather will say to the sister, at least treat me like a brother.

00:37:07--> 00:37:20

You know, because you know, I'm a man, at least treat me like a brother. So now, out of the four he gets two shares, she gets one, right.

00:37:23--> 00:37:30

Okay, so in order for you to avoid fractions, in this case, you will multiply by what?

00:37:32--> 00:38:07

Three, the three divided by four, multiply by three, three, divided out of four, multiply by three. So it will be a nine out of 12. Nine out of 12 to avoid fractions all over the place. Go back and multiply everything by three. So she was getting the husband was getting three out of nine. Right? The husband will get nine out of 27. The mother was getting two out of nine. The mother will get six out of 27

00:38:08--> 00:38:11

What is nine and 615?

00:38:13--> 00:38:33

What do we have left? Well 12 out of 2712 out of 27. divide 12 by three. So the grandfather will get eight and the sister will get four. So the grandfather gets eight out of 27

00:38:35--> 00:38:39

the sister will get four out of 27

00:38:42--> 00:38:43

What is nine plus six?

00:38:44--> 00:38:49

Plus 823?

00:38:50--> 00:39:00

Nine plus six is 15 plus eight is 23 plus four is 27. Okay 27 out of 27 we are good.

00:39:01--> 00:39:09

Now is eight out of 27 better for the grandfather than one out of six.

00:39:10--> 00:39:11

Obviously guys

00:39:13--> 00:39:14

1027 is

00:39:15--> 00:39:16

Ah

00:39:18--> 00:39:19

yeah, yeah, yeah.

00:39:23--> 00:39:29

Almost almost. Yeah, almost. Yeah. So he benefited now from

00:39:30--> 00:40:00

VA benefited now from not blocking get that the sister otherwise if he would not have benefited from blocking the sister. He would have blocked, blocked her and blocked even the brother and gotten his sixth. Okay. If there were no husband, the mother would have taken 1/3 and the rest would have been divided over three between the sister and the grandfather. This problem is called her car. Her car actually

00:40:00--> 00:40:05

The a why is the academic of Dr. area, the muddy in one because it muddied

00:40:07--> 00:40:22

resides principles, it muddy resides principles in terms of the inheritance of the grandfather with the siblings. Interest disrupted in muddy. You know, cut data must have assayed.

00:40:23--> 00:40:24

So, okay.

00:40:25--> 00:40:41

Why is this called the Harka liquor certificate of Sahaba. This problem is called the crock pot due to the many different opinions of the companions. Now, he's telling you, he's telling you, and this one is in this one. We're not going to have a house here.

00:40:44--> 00:40:48

This person, okay, all right. So he's married.

00:40:50--> 00:40:55

He had he had a father. But his mother was

00:40:57--> 00:40:59

that at the time of his death

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

and

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

her mother, his mother,

00:41:06--> 00:41:08

this is his mother's mother

00:41:14--> 00:41:20

this is his father's mother, his father's mother.

00:41:21--> 00:41:39

Okay, so how do you that's it that's the survivor the by these are how do you what do you do with this? What do you do? What does she get? She gets one quarter, fourth. Okay, no children. Okay. What does he get

00:41:45--> 00:41:46

the father

00:41:49--> 00:41:51

Don't make any mistakes.

00:41:52--> 00:41:53

The rest?

00:41:54--> 00:42:11

Why does he get the rest? Think about it. What are the scenarios where the father you have male offspring. female offspring. So men are male and female, female offspring only no offspring.

00:42:12--> 00:42:24

male and male. All male and female. You know, as long as there are male offspring, he gets only 1/6 female offspring inheriting. He gets 1/6 plus the rest.

00:42:25--> 00:42:45

No offspring, the rest. He's ossabaw residuary heir does not take any doesn't have any designated chair because anyway he will inherit a lot. Okay. So he will be the residuary heir. Okay. What about these ladies here? What about this lady and this lady?

00:42:47--> 00:42:49

What about this lady and this lady?

00:42:53--> 00:42:54

What do you do with them?

00:42:59--> 00:43:04

Okay, good that we have not hung bellies, here. Traitors.

00:43:05--> 00:43:13

But okay, no, but yes, this this lady here will not get anything according to the majority.

00:43:14--> 00:43:39

Okay. And according to the majority, this lady here will not get anything. This lady will get 1/6 She is the mother's mother, the mother's that the father's mother would have gotten would have competed with her according to the other mother I have, if this was not here, if this was not here, she would have Okay.

00:43:41--> 00:43:56

Exactly. Therefore, this is another this is an important thing in all them as I have. And any time that connection between you and the deceased is alive, you are blocked.

00:43:58--> 00:44:04

If the connection between you and the deceased is alive, you are blocked. If you are the son of the Son,

00:44:05--> 00:44:26

the Son, I'm sorry. If you are, oh yeah, the son of the Son, and there is a son. Your father is alive. You're blocked if you are the cousin. So epsilon, but your father who is the uncle, the paternal uncle of the deceased is alive, you're blocked.

00:44:28--> 00:44:30

There is one exception.

00:44:31--> 00:44:32

What is it

00:44:35--> 00:44:48

because they have designated chairs, the half maternal siblings, the inherit with their mother. The half maternal siblings inherit with their mother in their mother's life.

00:44:51--> 00:44:55

According to the hung bellies, we have another one

00:44:58--> 00:45:00

the the paternal great

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

The mother will inherit in her son's life, because she is a grandmother. So we will split the 1/6 between her and the maternal grand mother. But if you want to just remember the more she's blocked by the father, okay.

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

All right.

00:45:25--> 00:45:28

Hamburgers are very nice and fair.

00:45:31--> 00:45:38

Okay, so, so she, she's getting the sixth. But let us say

00:45:39--> 00:45:40

let us say

00:45:51--> 00:45:53

I'm sorry, it just happened to be like this.

00:45:55--> 00:45:56

ran out of space here.

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

Okay.

00:45:59--> 00:46:11

This lady died. This before the decedent, this lady died before the decedent, this lady died before the decedent.

00:46:13--> 00:46:15

We're going to go up one level.

00:46:17--> 00:46:35

Okay, if you're here, if one of these ladies will did not die, she will block the people on top. Okay. In the Hanbury method, okay, at least because the shafa is having an issue with paternal grandmother.

00:46:37--> 00:47:00

But let us say that in the humbly madhhab, anyone in this in a generation closer will block the ones in a generation farther. But we don't have anybody in this generation anymore. We how many grandmothers do we have? 1234?

00:47:01--> 00:47:38

The generation that's higher, right? That is everybody's okay. Okay. The generation is higher you have you have four grandmothers in it when it comes to when it comes to grandmothers? How many grandmothers Do you have? Two? How many great grandmother's Do you have? Four? How many great, great grandmother's Do you have? Eight those, okay? So, you have 1234 grandmother's which one of these were not inherit?

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

Okay, second,

00:47:52--> 00:47:54

second, and for

00:47:56--> 00:48:06

number two, okay, this one, well, for sure. Inherit, this is and this is the last one that will inherit, by the way in terms of the

00:48:08--> 00:48:12

in terms of them, fathers and grandfathers, mothers.

00:48:14--> 00:48:34

You know, the last thing is a manager, the mother of the grandfather, the mother of the great grandfather will not inherit the mother of the great great great great grandmother, as long as you're going up through women, they will all inherit that nothing will stop them from inheriting Okay.

00:48:36--> 00:48:49

This one will not inherit, she has a male in between two females, she will not inherit, this one is crossed, will not inherit. Everybody else will hurt.

00:48:51--> 00:49:32

The three other women will inherit the one who has male between two females is not going to inherit. This is yeah, this is a male. She is the she is keep in mind. Who is this the mother of the maternal grandfather? No, the mother, the mother of the maternal grandfather will not inherit because a male between two females were interrupted the chain will disrupted the chain. A male between two females will disrupt the chain. Okay, so, huh? Yes, it is a rule Yes.

00:49:38--> 00:49:59

Okay, so a grandmother inherits, even if her son is alive, why do they say this in the mazahub they make a big deal. They say this in the math because that is called the move for that in madhhab. That's a peculiar position in the madhhab. So we want to further stress it so that you know all the noise that you're getting it does not affect

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

Your understanding of the method because every other one that you will meet will tell you what will tell you that the grandmother does NOT inherit, if her son is alive. Everybody from other method will tell you no, she will not inherit. So we want to say in our method, she doesn't hear a grandmother inherits, even if her son is alive, but only three types of grandmothers inherit the mother, his mother, the father, his mother, and the paternal grandpa, my father's mother, as well as their mothers, no matter how many generations up, a grandmother does NOT inherit if she is connected to the deceased through a grandfather between two mothers connected to the deceased

00:50:43--> 00:50:47

through a grandfather, this guy here.

00:50:49--> 00:50:53

Between two mothers, this is one mother and this is one mother.

00:50:54--> 00:51:15

Okay. All right. So between two mothers, or through a father higher than the grandfather, or through a father higher than the grandfather, I told you, the last one is the grandfather, the mother of the grandfather, the mother of the great grandfather does NOT inherit, but the mother of the great grandmother inherits, as long as it's all women.

00:51:18--> 00:51:36

Yeah, so if she if He is survived by his mother's two grandmothers and his father's two grandmothers, the mother of the maternal grandfather will not inherit, while the three other Grandmothers will as I told you, the mother of the maternal grandfather will not inherit