Mawarith – Introduction to Islamic inheritance 05
Date:
Channel: Hatem al-Haj
Series: Hatem al-Haj - Mawarith - Introduction to Islamic inheritance
File Size: 49.05MB
AI Generated Summary ©
The speakers discuss various scenarios involving a family, including death, death, and a death. They mention various scenarios and their potential outcomes, including the possibility of a death and the potential consequences of certain scenarios. They also discuss the concept of "red remindeds" and "red core", and the potential consequences of a death certificate and a judge's case. The conversation touches on the estate of a deceased's death and the possibility of a judge's case.AI Generated Transcript ©
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 the it's all women.
Yeah, so if he, 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.
Okay. Now, subsection for the daughter is one half and for two or more daughters, a total of two thirds.
Okay, well, the daughter is very easy, do you we got the daughter, one daughter, one half, two daughters, or more two thirds, that's it easy, no problem. And she gets she gets, you know, a designated chair. But there are cases where the daughter does not get designated chairs.
When does the daughter does not get a designated chair?
Future masa, blah. So if there is an error is the brother who will be who will make her a residuary air, that is, I'll see Bill dryer. So a brother make will make her as it were a year, the brother will tell her, No, you're not going to get to your one half. Because if you guys want to know what you're gonna want to have for the board, am I gonna get it I get. So you're not going to get your one half, but let everybody gets their thing, you know, and then the rest will be for us. Yeah, the rest will be for us now,
in the presence of a son.
Know that the daughters in this case will not have any designated chair, she will just be like to get the rest of the academy 300 insane for the male to shares and the further female
one share. So But at any rate,
why is it that the Son does not get you know, oftentimes we say designated chairs looks like more important than reservoir years, right? Most of the time, they are more important, they are getting first, and we're giving them big chunks, given one half to the daughter, we're given two thirds to two daughters and so on, given the big chunks and we're putting them first. So, someone would say how come then the rest, how come then the son
you know, does not get a share, because he will block everyone enough to keep some for himself block everyone enough in what sense? Who are the six people that will always inherit? Let us make a drawing the six people that will always inherit
Okay, well, let us say that this is this is the typical sort of modern family here. Anyway, typical modern family, all those six people are not going to are not are never going to be blocked, they will always inherit, they will always inherit. Now, this guy, this is the Son, son,
daughter, the index case could be this or this the husband as an index case, the wife as an index case, this is the decedent one of them, okay. And this is the father and this is the mother, these six people will always inherit. Now, if we have a son here, if we have a son here, the husband will be reduced from one half to one quarter, the wife if it is a wife will be reduced from one quarter to 1/8. The father in the presence of the Son will not be residuary air, he will be limited to 1/6 the mother will be reduced to 1/6 and this has had knocks on this is partial blockage. So, in this case, let us say one quarter, and 1/6 and 1/6. So, one quarter and 1/3 Can you imagine more than
this? No, because even if there are grandfather, grandparents, they we have a father and a mother, everybody on top of that is blocked. Anybody on the sides is blocked by the Father. So everybody here so he or
Maybe a bit are say blocked by the sun, that's it, those are the only ones. So, one quarter and 1/3 one is make it out of 12 so, this will be three out of 12 this will be four out of 12. So, worst case scenario you know if everybody is alive, we will have seven out of 12 taken by other people you know spouses and parents what will be left for the children will be at in worst worst case scenario not worst case scenario but in this scenario, you know, five out of 12 almost half will still be there for the children.
Okay, so this the daughters would inherit one half or two thirds if there is no moss feed hafsat da Raja
which is the brother Okay, next is that been added Eben the Sons Daughters take their place in their absence, but when both daughters are present, the Sons Daughters will be precluded, unless they have a son Son of their generation or lower however low in which case he will make them co residuary ears, he will make them go residuary ears. What does that mean? The banana a banana the Sons Daughters, okay, let us say,
here is the index case.
I have a son here, daughter here. Let's say this is the index case.
Daughter, son, the son has a daughter. The son has a daughter. The son died before His Father. The son died before His Father.
Okay, what does she get?
This is the wife of the index case that this even
one quarter 11818 Because there are children, right? So she gets 1/8. Okay.
What does she get?
Was this the daughter of the deceased, the daughter of the deceased in the index case?
Slam Dunk half. She doesn't have a brother her brother had died before Okay, half
okay. Now, what does she get?
No, why? Oh, there is, you know, there is no woman that inherits by Tasi whatsoever except
the emancipator and the mother whose child was the denied or who does not have a father. Okay, so, okay, so she will get one sex tech military suicide she will get because they said, daughters have two thirds. I have one daughter in this generation. If she was alone, she would have gotten one half.
If she had another daughter, they would have both gotten what two thirds, since she does not have another daughter in her level. But there is a daughter in a lower level. Don't reduce her to 1/3 but at least they give this one the rest of the two thirds 1/6 give this one the rest of the two thirds. Now if if you have two here, they will both get 1/6 They'll divided three they will get 1/6 they will divided now. They have some if you have with them a son
What do you do? Okay, he will make them all residuary heirs and they will inherit the rest. And it will be two shares for the male one share for the female. Two shares for the man
and one other Mobarak now is is not always mobile. I actually wanted to show mine. But anyway, it depends on the scenario. It depends on the scenario. Sometimes he says welcome Mubarak is the blessed it is the blessed son that you have an awesome robotic also. So it's a sometimes these different scenarios but we want to get the whole framework first and if we have time, we will
Do a little bit, you know, we'll do some tricky ones at the end if we have time, but let's get the framework first.
Yeah
if there is another daughter here, okay, so, you know this is the index case and the index case left
two daughters and one son and the son died, the two daughters would have inherited two thirds, okay, two thirds. Now, if you have daughters here, they don't have a designated chair. Daughters of sons have a designated chair only. If there is one daughter that gets one half and they get
and they get the 1/6 or if there is no one in this level at all, no one in this level, we will treat her like a daughter, she gets one half and two of them or more we'll get two thirds but in the presence of anyone here in the presence of a son, she doesn't get anything in the presence of a daughter one daughter, the one daughter is so Beja which is the the immediate daughter will get one half and the rest which are meant to be for daughters, the rest of the two thirds will be taken picked up by the daughters of the son
that
there they are the ones that are taking what we're talking about that the daughters of the deceased son,
two daughters, okay.
You have two daughters of the decedent, the two daughters of the descendants will get two thirds the daughters of the sons who will not get anything unless they have a brother who can make them residuary errs that is residue airy airs the rest if there is rest
will see
actually that there will be a rest there will be a rest there should be a rest of their
Okay, was that what was that? What is she? I was just going back to this this scenario, this scenario. If you don't have anyone in this generation, and these will inherit, there will always be arrest for them.
If you don't have anyone in here, and these will inherit no one here and these will inherit there will always be arrest for them.
Yes, there were of course because
daughters.
Okay, if you have a son or a son, son or a son, son, son, we're not thinking about uncles. We're not thinking about anyone else. He's blocking everybody. I'm talking about he died and lift sons and daughters. Okay, one of them. One of the sons, one of his sons died and lift children before he died before His Father. Okay, that's that this case here? Okay.
Okay, so
what was it? Oh,
for the grandkids or for the grandkids
I know it was saying watch it. But in this case, why do you either see or watch but if they will inherit?
Oh, okay. You're talking about a different scenario. Where not not just this, you're talking about another son that is alive. Yeah, another son that is alive, according to the form of this other son that is alive will block all this generation, it will say unwatchable is that it's an Egyptian thing. You know, that is taken from the Shia you must have from from an MMA from the 12 bytes. Where according to the 12 bytes.
They say that we'll find
would say that this man should have been kind enough to include his grandchildren and his well since he was not kind enough we will include them
for him
well it
isn't its birthday Egyptian law so if it is the law of the land do you just the law of the land if you're in Egypt is the law of the land? You will you will go by it it is not it's it's
it's not so it's
okay yeah well that's that's that's a very like valid question should we should we use AirWatch about here
I mean if you if you're a magician you may have not heard of it we'll say otherwise but by the way if you're not Egyptian or care, you may have not heard of those. But anyway
you are American here
this is America
go go
it was a unwatchable I personally believe it was Elijah is very kind
it is it is you know it's always the sensitivity sectarian sensitivities though of course, because whenever something is you know, is adopted by the Shia and is ignored by this for centuries and then you pick it up from the Shia it creates sensitivities and crazy as if they were right or wrong right and we were wrong and people will start foaming at the mouth and becomes a problem I'm just not going to get there I'm just you know let's just move on was AirWatch about I told you about the background let me not make my and
let me not make up my mind on the spot here
so instead of making the box
what
yes
no, those kids are the sons of the daughter they don't let her know that no, this is not
okay, but but but but but the as I said these are all our ham that you should include in your will say Allah gave you the 1/3 so that you would be tactful and you would be kind and you would know like these are your daughter's daughters. So it would give them something that is why you have 1/3 Before maneuvering you have plenty of room
okay, next is okay what okay if it is one daughter and there are Sons Daughters then the one daughter gets one half and the daughters of the sons one or more get one six to complete the two thirds and that is true except if there is a made offspring of their generation who will make them we get done with this. Okay, now this is Thurs
the full sisters are like the daughters concerning their designated chairs
what is the difference between the full sisters and the daughters
and let's finish this the paternal half sisters with the full sisters are like the Sons Daughters with the daughters However, no one except their brother can make them core as it were yours.
Okay, the sisters
Asaba Bill drive
or Asaba Moriah core is where yours will include both awesome I'm gonna hustle for Mariah. Okay, so now
that the sisters when do the sister is a gift at designated chair the last version certainly said yes definitely a couple now if you can be careful. I am Ron halachot. I said I was often Farahani smartercard Let me put in our
region for a second it's the holiday event opener to the location. So
okay, this is a man that is called callala The Carolina did not know that not leave behind father awareness did not leave behind any inheriting offspring or main
ancestors.
The system male ancestors, male ancestors, so if he did not leave behind any
if he did not leave behind
Any inheriting offspring or male ancestors the sister gets half two sisters get two thirds just like the daughters to sister to get two thirds like just like the daughters except that if they're our daughters the sisters are not getting anything why because the sisters only get when
no inheriting offspring
okay. So, then he says the full sisters are like the daughters concerning their designated chairs and the paternal half sisters with the full sisters are like the Sons Daughters with the daughters. However no one except their brother can make them call is very yours What does he mean by that? He means by that
if you have
if this is the index case
and you have a sister here
this is his sister This is his wife.
This is his sister and this is his wife. He died. What do you give him?
What he died? What do you give his shooting information? What do you give his wife?
No, no, that's the picture here pictures of her view. One quarter
one what do you give the sister
who said the remaining?
Okay, no, she has a designated share. This is the the verse says the hemispheres he is entitled to miss one half. So one half. Now, if he doesn't have anyone else, if he doesn't have anyone else, what's going to happen after that?
redistribution, but the in redistribution. The spouses don't get anything. We said if there's only a spouse, I'm just sad because my take took the off man's position. If there's only one spouse and instead of the money going to the state, they will redistribute to the spouse here. This is not the scenario that we're talking about that I'm just talking about here. Here. Okay. But we're saying that this is it. There is none. That's it. This is it. She will get the half as she will get the half what? For one, and that rest rather than, like redistribution, not Tasi Ben rozdhan
One of them is the emancipator the other one is Mona Ana. Latina Anna has algebra. Okay. Yes now Yes.
Which one is
better than
we said
well, what is it that has been his mouth
and you're out the backyard and doing an xao journey that this LJ is excluded.
Autobahn erodibility rod the
rod Darwaza village if I can water Satara Dalia Lakin Miss added to an artery distribute to the spouses is the position of the former head but not the position of man and so on. Yes.
Ah, your daddy, your daddy, the annual official and then our Sabbath if you had an order madrasa bug, if you had it, in the absence of residuary errs.
We don't have residual years. There is no buddy. No one
So in this case, we will we will, you will do the designated chairs, and then there is it were yours and then a rod and then the emancipator and then the state, wait a second, wait a second. We're doing that, where we are doing the designated chairs. Then we are doing the residuary years,
residuary years, and then we are doing that.
Rob
which is redistribution. And then we are doing though in our ham, if you are Hanbury or Hanafy
then we're doing the emancipator then we're doing this state
but yes
so
why is the sister getting
the why is a is a classic apologetics that we can do afterwards Well, this you strive to do the law and then we can do apologetics on some other day. But the this is what they said this is the
yes, the
because because because they will give it be because they will favor kinship over marriage in route and redistribution, the favor kinship over marriage.
Because it because it mirrors as Babin miraz in in NASA one Nikka. Well, what are the three causes of morass? Our kinship marriage and er lesions through emancipation? They come in this order. And when there is redistribution, they favor kinship over marriage. Yes. Let's try to finish I'm gonna say yes.
Because we're going to be sure
we're gonna take what why the why
you can take it
no, the No, the sister will take what three quarters?
This is the this is the sister This is the wife.
Yes, yes. Okay, so next is okay, if you have now
this sister is getting one half. Okay. What if this man after this woman died, went and married another woman and the together had one daughter? How is this daughter related data in this case? The decedent
have paternal sisters? Okay. How are you going to resolve this now? What does the wife get?
What does the wife get? Same one quarter no children. Okay. What does the full sister get?
Half Okay, what does the half paternal sister get 1/6.
Exactly. Like we said, the daughters are entitled to two thirds. And if you have a daughter and adult and a sons daughter,
if you have two daughters, they will share the two thirds is divided between them. But if you have a daughter and a son, sons daughter, you will give the daughter her one half and the sixth will be given to that son's daughter. Here we are saying sisters are entitled to two thirds.
If I have two full sisters, they will take what
two thirds.
If I have two half paternal sisters, what will retake
two thirds?
Because I said I have two half paternal sisters but there are no full sisters and malleable full sisters, the Abul brothers rehab in Farah virus, which is inheriting children in absence of the male
male ancestors, you know.
So in the absence of the full sisters, these
Half paternal sisters will get two thirds. Okay. Now I have one full sister and one half paternal sister, the one full sister will take Yes, you are our sister and everything but I am a full sister. I am related to the decedent through his father and the mother. I take my one half and I will give you the rest of the two thirds that belong to sisters. That's it. That's what they're saying. Now,
he says here while I was sick Ohana Illa Hoon. However, no one accepted their brother can make them choruses were yours, what are what is he trying to say here? What is he trying to say here? This is the index case here.
Let us say let us say that I have a brother here as well.
So, there is a brother and sister a wife and half paternal sister,
half paternal sister, brother, and sister.
No wife is
the fourth. The wife is going to have the fourth this will make them these two will become core as it were yours, they will take the rest. And he will take two shares and give her and give her and gives her he will take two shares and give her one. Okay. Yeah, okay. But why is he saying?
Why is he saying no one except that their brother can make them core as it were yours. Because in the previous example, when we were talking about this man
who died
and his son died before him.
And he has daughters.
And he has his son left behind a daughter.
What is she going to get? If we had one daughter here? She would have gotten 1/6 Right. But we have two daughters, they got the two thirds that she get the designated share? No, because the two daughters got the share the shares of the daughters What does she get? She doesn't have designated shares you just wait too behind can she make that seat by herself? No women make Darcy except the emancipator and the woman whose husband whose child was denied or by the father or who had a father was child I guess. So, anyway, so here in this case
she will wait until
if there is a brother that can come with her
he will make her awesome make her also by means one they will both inherit they will both inherit
as cozy core is where yours they will get the rest let us say there is no wife here and these are two thirds even if there is wife they will still get something but let's say there are two thirds and this here this is her brother they will get the remaining 1/3
Okay he will take two shares and she will take two shares okay. Let us see let us say let us say
that
this one
this one also died. However, before he died he got married and he had a boy and a girl. A boy and a girl
what happens in this case?
She doesn't have a brother to make her core is a dirty air. Let us say there is an uncle somewhere lurking here like like some uncle here waiting
better No uncle
or there is no uncle.
If there is no uncle when we give this man the rest.
Okay.
He will. He isn't a lower generation than her. He will make her Asaba and they will both inherit as core residuary errs, he will get two shares and give her
give her
what
she could give me
What's
it Okay, wait a second here we're just we want to go back one step here
was
that hair Heron if you her nephew will make her a core reservoir here is
her sister
Yes, yes. Yes, she will be included as possible. The issue here is the issue here is
this lady will ask her nephew to give her Tasi only to make her acorss weary air only when
only when
it is in her interest. Because sometimes it is not in her interest. Sometimes if you have one daughter only,
and she gets 1/6
Let's say she has one daughter
and she's getting 1/6.
Well,
the one daughter No She is getting 1/6 After the one daughter got what they are one half she's getting 1/6
Okay. And let us say that the husband let's say that this is the woman who died the husband will get one quarter right because there is one
child. So, this is getting one half, this is getting one quarter. Let us say that there was a mother who's getting 1/6
A mother of the index case is getting 1/6 1/6 one quarter, one half.
Okay 161 Quarter, one half. She will get she will compete with them and get 1/6 the rest of the two thirds she will get one set the rest of the two thirds. If she has a brother, they will not get anything.
And this would be
you know one of the show
or the sort of the
Okay, no, but you notice this she has a designated chair. If she does not have someone to make her Accord as it were here, she is entitled to a designated chair. When is she entitled to a designated Chair of 1/6. If there is only one daughter, she will be entitled to 1/6 as a designated chair.
If
the designated chairs consume the entire inheritance, she will still get because she is entitled The designated chair people who are invited designated chair when the inheritance is consumed is not enough for the designated chair. What happens? We squeeze them all in and everybody gets their share proportionately reduced. Yeah, proportionately reduced but everybody will get their share. Everybody will come in. We're not going to keep anyone out. Who are the people who are kept out. The residuary errs, that's why they're called the residuary errs, they get the rest. If I if the if the estate is consumed by the designated chairs, the residuary errs well stay out.
People who have designated chairs like Vinted ebony that the daughter of the son in the presence of one daughter only she will get 1/6 as
basically the chair form. So she will give now if she has a brother
in this case,
what is going to happen in this case if she has a brother
anyone make them make them both reservoir yours and both of them will not inherit
why?
Because one quarter 1/6 One half is more than 1.0
There is nothing left.
Yes,
because he will make her as it were the air. And in this case, there is nothing left that is an admin to show. You know that. Yeah. So this is not the show. But what if what if this is not present?
The one that is present is here
is down below, she will tell him, I only use you when I need you. If I don't need you, I don't use you.
What does that mean? If if you will help me inherit, I will use you to make me a residuary air. If I would inherit without you. But if you make mirrors is where the air I don't inherit, I will not use you. You will be you will be the residuary air, if there is anything left for you.
Yes, yes. Yes, better than nothing. Yes.
But then.
Then, I just wanted to say here
that he's saying except their brother, you know, however, no one.
No one except to their brother can make them curious, where yours because in this example, in this example, this is the decedent, his sister, her brother, her brother made her
occur, is it very rare?
What if What if this brother was not present
died
before the index case died and was survived by a boy and a girl? Can this boy make his arm? Who is the sister of the decedent
present weary heirs? No.
Doesn't know beyond the the siblings beyond the the siblings
the boy does not make the girl reservoir free air.
So, let us say
why did we have Why did we have
that why did we have on this side sisters
and we had on this side
the full brothers sons and we did not have on this side, the full brothers daughters
if you have that, nephews and nieces, that nephew, the full brothers sons will not inherit with his sister to To one he will inherit everything, he will not make her a quarter as it were a year and anything farther than the siblings
from about the fit, I will Rosalind Zakka whatever is left is going to be for that closest male relative.
So beyond the siblings, what do I mean by beyond the siblings because the children are before the siblings, the children, they make each other Asaba and the children of the children also so like a sons daughter and a son Son. It is like a son and a daughter
the the full brother and the full Sister, you know the full brother will will be with his sister Asaba residuary heirs, now, the full brothers son and the full brother's daughter.
Now, it will stop here. The four brothers son will not make his sister his were heirs inheriting the rest two to one, he will inherit the rest by himself. Okay, so that is the point that he's trying to make here. However, no one accepted their brother. We can make them core is it were yours?
Okay, well I also put on the HANA favela while I set my own the Honda Honda Freedom Center.
Okay sisters, our court is ready heirs in the presence of daughters, they get the remainder of the estate, but they would not have a designated chair and that is due to Episode statement concerning a daughter, a son, his daughter and a sister, I will judge according to the judgment of the messenger of allah sallallahu alayhi wa sallam for the daughter is one half for the sons daughter is 1/6 and the rest is for the sister. So, someone died
and left behind, someone died and left behind this is the person who died, he was married to this lady, they had
a daughter and they have a son who died before His Father and this son had a daughter and this guy also this guy also
has had
no, they are not here. He had a sister.
So who is with us? The sister
the daughter, the sons daughter. They presented this woman sorry and then they presented the top the Domino's order of dilemmas road said that he will judge quoted as like the Messenger of Allah. judged. Oh no. SCHEFFER left and he had that clock. The word
I have to put this here
Okay, so
what does the daughter get? One half.
Okay.
The sister inherits in the absence of daughters one half, but here I have a daughter.
What does this son's daughter get?
1/6 right. Son's daughter with a daughter. She gets 1/6 You guys got tired, right?
Looks like you're going to sleep on me. All of you.
Okay. 1/6. And then
what is the sister get in this case?
The rest.
They say that this is awesome. Man.
This is awesome. My mom is She's a residuary heir with the daughters. The daughters. Not by the daughters because the daughters they don't make tau see because women don't make fast see? It is ossabaw except in the case Vitalogy Asaba mal right Moriah.
Sisters, like the Messiah. This is not the wording of the Hadith but the Messiah usually say they extract from the Hadith of the Lebanon road. It's all about Mark Burnett also birth Hrlf of Atma al Burnett also birth make the sisters OS about with the daughters make the sisters also about with the daughters. Whenever you see a daughter and a sister.
They will block from Tao CIB, they will block from taxied anyone farther than her full brother
farther than her football brother means what? Of course, if there is
a descendant of the
of the disease, of course if there is a descendant of the deceased deceased
Where do I put those? Anyway? I'm getting drowsy myself. Of course, if there is a male descendant of the deceased, the male descendants of the disease, disease, takes everything
takes everything. That male ancestor of the deceased is going to be the Asaba Asaba before
the siblings, the siblings, even if it is a grandfather, we went through the scenarios of the grandfather
But they will not inherit by Tassie there, they will not get the either the grandfather blocks them according to the HANA fees or we will go through those scenarios where the grandfather will take the What have the edge advantage over them and he gets to decide whether he will be one of them or he will get the better of you know 1/6 of the entire thing or 1/3 of the rest after the designated chairs.
But
But if there is
if there is an uncle
this scenario daughter,
daughter, sons daughter,
sister, and this is this is okay. And there is here.
I'm a paternal uncle, paternal uncle, full paternal uncle, what does he get? He is the closest to me and he is the closest demand relative, right?
Isn't either close man relative?
So he got he gets the rest, right?
No, he doesn't.
Why?
Because if you have daughters, the sisters, whether they are full or half paternal sisters, if you have full she blocks the half paternal, but if you if you know or the half
and she blocks here, but in case where she gets one half to half with her and then we'll get one second and so on. But
if you have daughters, the sisters will act like brothers, not sisters.
The sisters will act like so the full sister will act like a full brother. Does the uncle inherit when you have a full brother? No.
So the full sister will act like a full brother. She will block the uncle, she will block the uncle
and that is what
Messiah say that is how the Messiah
extracted from the hadith of Abdullah venomous rude. He will Burnett Giada Assad Mahabharata Sabat make the sisters residuary errs in the presence of daughters make the sisters residuary errs in the presence of daughters