Mawarith – Introduction to Islamic inheritance 06
Channel: Hatem al-Haj
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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.
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
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
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
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.
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
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
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
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
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
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.
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
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
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
If I have two half paternal sisters, what will retake
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
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
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.
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
she could give me
it Okay, wait a second here we're just we want to go back one step here
that hair Heron if you her nephew will make her a core reservoir here is
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
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.
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.
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
Because one quarter 1/6 One half is more than 1.0
There is nothing left.
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.
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
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
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
what does the daughter get? One half.
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?
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 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.
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.
The Maternal half siblings, the maternal half siblings, they are pretty interesting because they are they break many rules the inherit in the presence of their mother and their mother is the connection between them and the decedent. They still inherit in the presence of their mother so what do they inherit?
1/6 1/6 designated chair 1/6 designated chair and if they are two or more what do they inherit? 1/3 Yes.
Welcome we're studying law we're not studying Tafseer and apologetics and any we're studying law this is there
let's get this we're not going to get done
the then that material half material and sisters and brothers each one of them regardless of their gender, and why is it regardless of their gender? So they inherit in the presence of their mother who's the connection that violates the principle? Because we have an explicit statement? We have to bow so why is it that the inherit each one of them like like the other we have a nice explicit statement we bow 1/6 for the brother, one six for the sister if you want to rationalize you could say each one of them got a the same because they are connected to the deceased through a woman in the first place.
So you don't want to give the brother in this case twice the sister now you have
As the mother would have gotten a third however, in their presence right
right. And that is the part that they need to
in in in their presence the mother came down from Why not in their presence in the presence of multiplicity of them, but if you have one material sibling and a mother, the one maternal sibling will get 1/6 and the mother will get 1/3
If you have multiple maternal siblings, the mother will get 1/6 and they will get 1/3 So, together they got more than the 1/3
without them the mother got 1/3 with them that they got 1/3 plus 1/6.
Yeah, so, what's 1/3 plus 1/6? That's half isn't it?
Okay. So, we come to blockage blockage is an important important one. Okay. Okay. Who are the ASA bots here and who are the ones with designated chairs let us name them is the father Asaba or not?
And also the also Okay, so this can be possible. Grandfather can be also can be awesome. Son can be our server can be possible. Grandson can be our server can be our server full brother can be our server Yes. Half paternal brother, yes. Half maternal brother. No. cannot be possible. Neither is it a year. Full brothers sons. Yes. Half paternal brothers sons. Yes.
What is this father's full brother? Yes. Father, his half brother in the brother. Yes. Sons of full brothers of the Father. Yes, sons of half paternal brothers of the Father. Yes.
Husband, no, cannot be asked about another as it were here, he gets his designated chair and that's it emancipator? Yes,
out of the 15 male heirs who inherit
13 of them can be us about 13 of them are us about reservoir years, they get the rest the exception is the half maternal brothers and the husband.
Now out of the 10 females who are the ASA bot number 10 The emancipator and in very special scenarios, the mother of the father of his child, his his ossabaw According to position in the mouth app or hair is ready ears it will be possible according to the other position, the mother the mother of the father of this child,
child without father, okay.
those 13 males that are ASA bot,
if they are together if they are present, who blocks whom, who takes the rest, who is the closest to the disease, we said before there is Java, there is Porb there is Cova. So here is the index case, here is the deceased. This is his wife, his father, his mother, his grandfather, his grandmother, and here his uncle, his uncle's son,
okay, so he has also a brother and her brothers, son, and a brothers and another brother,
another brother, and
son, and son.
And he has a boy and a girl. And his boy has a boy and a girl. And
he has another boy who has a boy and a boy and a girl.
Everybody is alive here and this guy died.
Okay, whose be the it was going to be that as it were a year are we going to have residuary year in this case? Of course, yes. Because in the presence of a son, the designated chairs cannot be more than seven out of 12 We're not going to have in the Provena residuary year let us say in the presence of the sun you know, no one is that's it where it's just blocking everything you know, the sun is blocking everything around them
okay, except for the ones that can never be blocked has beheaded man has had a man they've never except the ones that can never be entirely completely blocked, they can be partially blocked. So the sun will block the father reduced him to what 1/6 The son will block
the mother to 1/6 reduce her to 1/6 the wife will bring her from one quarter to 1/8 and then he will take the rest with his daughter with his sisters two to one now the Sun we don't have the sun
we don't have the sun's they died before the deceased
okay, then should we go to the Father
Son Son, why is that?
Because we look in the same direction first before we look for proximity. So, we the direction of the sons
is stronger than the direction of the ancestors Okay, let us say let us say there are no sons, where where do we go? So Al jihad, jihad,
So, algae had the children, after the children, the ancestors,
if you are Hanafy the ancestors include their grandfathers and they are not a Jew, by their own they are part of the ancestors. If you are not Hanafy, then that you do the animal hauwa is another layer. So, after the Father's children, no matter how many generations down first, that's the first gen first direction then that father by himself in a category then that you do the hauwa Grandfather's and siblings are a
in a category by themselves and we went all through their scenarios. Then, after that, should we go to the uncle? Or where do we go from here?
No, now, the children of the siblings no matter how many generations down
no matter how many generations down.
So, here this is the decedent, his brother, his brother, before I go up to his uncle,
I go I don't have anyone here. I will go to his siblings died before him I go down. I go to their offspring.
Okay. So, I have this one and this one, this one and this one. These four who inherits these two will block these two right will block them
And even if they're not coming through them, if they are not coming through the meaning what let us say this one
And or you could leave this here. But anyway, this guy here will be blocked by his uncle who is not his father, because he is closer to the decedent that is proximity. Okay. Now, so, I am done with
Abner and if that is the, then I go up here to an hour man.
I am I'm already done with with father and the grandfather. These are done before the brothers done before the brothers according to the Hanafi without ifs or buts, the grandfather is done still before the brothers stronger than the brothers but he they will compete with him, as we said, according to the do more, but after this, you know and and siblings and the children of the siblings and we're talking about males here because this is tavsiye males, children of males, males, children of males, no male that is connected to the heart to the deceased. Through every man will be possible smells coming from males related from the paternal kin of the deceased. Okay, so went to the uncles.
after the uncles, I go to their children, children of the uncles
How could the female be also a residuary heir?
emancipate emancipator is not going to come with here is this we're not talking about her until we are until there is no relatives. Yeah. So But at any rate, way, and you keep on going up this way.
So you don't have someone here, you go to this grandfather and their descendant, this grandfather and their descendants, and so on, keep going this way. What if in one layer, in one layer here, you have this arm, who is a full lamb, full brother of full brother of the father. But this man got married to this woman who's not the mother of this man. And then they had another one. This is half paternal arm. who inherits the full or the half paternal? They are at the same level. They are brothers. But one is the full brother of the decedent. And one is the half of them the brother of that this Eden who inherits the full brother inherits why? Because the third consideration is alpha
And if you have two people in the same direction, at the same level from the same generation, one of them is full brother, one of them is half brother, the full brother is stronger than the half brother. Okay. All right. So let us then quickly read what he says here and the chapter ever has, and the chapter has been one of the most important chapters,
he says the full brother will be blocked by three the son the Son, Son, and the Father, the Son, the sons sons, and the father would all block that brother,
the paternal half brother will be blocked by those three above and the full brother, because we that is, you know, weaker than him. The Maternal half brother will be blocked by for the son or the or daughter, the sons child, the father and the grandfather. This is the Calella that we talked about. No, inheriting offspring, and no male and sisters.
And when we talked about the material and half brother were no maid and sisters period, the grandfather by agreement blocks, the maternal the half maternal brothers.
So the grandfather by agreement of blocks then.
Okay, every grandfather is blocked by the Father and every grandfather is blocked by a grandfather who is closer to the deceased than he is anyway, that way just to remember these, we're looking at the direction first, we're going to the children and their children and their children, no matter how many generations down, then we're going to the ancestors up, up, up. If you're happy you keep on going up and you don't consider anything else. If you are not happy. Then you will go up to the Father and then when it comes to the grandfather, you He will share with the siblings he went. He will keep room for the siblings even though he's still stronger than them.
Then after the ancestors, you will go to the siblings and go down all the way and then you will go to the ankles and go down all the way and then you will go to the
higher ankles the sort of the distant articles and then you go down all the way and keep on going up and down this way
as we said, okay, and you know, we already talked about yes
you will have to go down first you're gonna have to the children first, you know, the descendants first. And then the the ancestors. Yeah, yes.
Try this out. No, I didn't take a break.
What time is it now?
If you guys are not tired, I will carry on just in the interest of time.
Okay, and then then we will have the q&a.
live very well, no, of course.
Okay, so last about the chapter on reservoir years. So they are every man relative who is connected to the deceased directly or through another male relative, except the husband, the female and emancipator and her reservoir years accepted the husband. What does he mean by this, he's given you a principle that every man who is connected to the deceased through a male will be awesome.
But the husband is made, and he's connected to the deceased directly, but he's not possible. The emancipator on the opposite side is a female and a husband, the husband is male, connected directly to the disease not possible. The emancipator is a female, if the MSP was a female, she is going to be Asaba even though she is a female, these are the two exceptions from the rule.
Okay. And then he went, I'm not going to read this because I went through it already. So this is basically the order of the Autobot. And we did go through with already at the end here if he says and if they are at the same distance.
At the end here, he says this means that children of a more distant made ancestor will not inherit in the presence of the children of a closer made ancestor and the most deserving of the children of the male ancestor are those closest to that male ancestor. And if they are at the same distance, then precedents will be given to the one connected through both of his parents, the full brother versus the half paternal brother
has four there are four who will make their sisters quarter as it were years. So they will have all their inheritance divided between them for the male twice as much as the female they are the Son, the Son Son, the full brother and the paternal half brother. Once you leave the siblings, you go to the children of the siblings, the nephew and the niece, the nephew, that his paternal that's connected to through males through the to the deceased, we'll get it all and not share with his sister. Everybody on above him will will share with his sisters he will not share with his sisters.
Okay, then any other males will take the remainder such as the brothers sons, the paternal uncles and the sons of the paternal uncles.
When the residuary heir is alone, he or she inherits the entire estate. If there is an heir with a designated chair along with the residuary air, that designated chair will be given to him or her first with the remainder of the residuary for that is very air. This is because the messenger of allah sallallahu sallam said, give the designated chairs to those who are entitled to them and what remains goes through evac nearest main air
Okay, so this isn't Maria, and Maria, for us, it is, you know, depends on where you're coming from. But anyway, and himmat iya is
quickly I'll just go over the memory. What are hydrea? Already Amelia?
It's it's all different names for the same
here is this is a wife, this is a husband, this is the case and in Hemera Yeah, he says
husband, a mother and maternal half siblings and full siblings.
Husband, her mother and maternal half siblings and full siblings so.
Okay, this lady is the index case she died. This is her husband. Of course her father is not in the picture his or her father died. This is her mother. These are her siblings, her full siblings from her mother and father. But her mother went on to marry another man. And they had
a couple here of kids, a boy and a girl. Okay. So who is going to help us here? What?
You know what, what does he get?
He does have
her mother is Are there children? No. Is there a multiplicity of siblings? Yes. So she gets
Okay, now I have maternal maternal siblings, and full siblings, maternal siblings and full siblings. The Maternal siblings have designated chairs or not. Yes, the full siblings inherit, how, as residuary errs, the rest? The Maternal siblings, in this case, inherited what? When we have a number of maternal siblings, what do they inherit? 1/3 Each one of them is 1/6. But together, two or more 1/3. So the husband got one half the maternal siblings got 1/3 The mother got 1/6. What is that? 1.20 100% of the estate? The full siblings get what?
Ham bellies? get nothing. So what can we do for you? Nothing is left. Okay?
The shafa isn't and the Maliki's
blanking out on the Hanafis at this point, what
are you willing to humble us? I'm not quite sure. Are you happy or whether so anyway, it's anyway but but Han berries are what the Hanbury say here is they don't get
they don't get anything.
The survey is will say no. We will give them something Zeid, Amara Yahoo. Amara, the Allahu
it was presented to him one time and he said they don't get anything. Nothing is left for you. That's it, these are designated Chairman's shares and nothing's left for you. Then the second time Zaid went to him and he said
you know these half maternal siblings are getting 1/3 and the full siblings are not getting anything consider their father to be a donkey
or consider their father to be a stone that was thrown in there in the ocean
had a dynamic valium or something
that's why it's called Vidya may or Padre or Himalaya consider their father to be you know, in an existence you know, why are they being punished for being full siblings?
Okay, you know, they are connected to the deceased, they are connected to the deceased. So, this is Ali and this is Fatima and this is Hossain these are connected to the disease through Ali and Fatma. These are connected to the disease the through Fatima Oh
Okay, consider it non existent as if he's not there and make them inherit with that material with with the maternal
siblings. And in this case, so this will not apply to the half paternal half turn and we're not to get anything. Of course, this applies to the full
And this will not apply to them if they have if they don't have boys if they have only girls, why?
Because you'll get a designated Chair
Okay. So, it will apply.
Then when we make them inherit, all inherit the 1/3 the phone siblings will inherit two to one male to female. No, because they are coming here into a pool in which the male inherits like the female. So everybody will get one share. Now this is the Hemera Yeah, and you know whether you do this or that it's different in different motherhood and there there are other medicines that have that are the tablets not do this, but look at the shehryar Scare. If the child is intersex, the determination of their sex is based on the urinary orifice if the urine comes out from this shaft, it is a male and if it is, if it comes out from between the labia it is a female if it comes out from the middle,
it is an ambiguous intersex person who will be entitled to half of the inheritance of a male and half of the inheritance of a female. Likewise are the cases concerning their blood money or compensation for injuries and others. They may never married. Okay, so this is the this is the true hermaphrodite. It's intersex the medical name that's you know, becoming somewhat politically incorrect is through hermaphrodite. How many true hermaphrodites we have it's like one in 25 million births. One in 25 million births is that true hermaphrodite which means what truly ambiguous you can see it's just truly ambiguous you can say that this is male or female one in 25 million births
know the mosquito the problematic one because if we figure it out, we will we will go if we figure out based on external genitalia they were talking they had no access to chromosome and six to get Apple six they only have access to genital six we have chromosome six we have banana sex, we have
genital sex and certainly nowadays you know we also consider the behavioral six in ambiguous cases we consider the behavior in ambiguous cases only in ambiguous cases, but
nowadays there is the behavioral and the chosen and so on. But anyway
But anyway, so nowadays we can figure out without looking you know, we can do a like a more a better assessment to figure out what the sex of the child is now, if it's completely completely ambiguous, then it is that one Thermoscan completely ambiguous
gender here what do we do okay, you make you make two scenarios, this zone you have the whole family and you have this person imagine that this person was a boy and make an entire scenario based on this person being a boy hmm. and make change the maker mother scenario complete scenario based on this person being a female. Then take the average for each one of the inheritors. Give each one of the inheritors. The average of that two scenarios
easy this scenario plus this scenario divided by two will give you the average for each one of them the average of the two scenarios now
about that we are Hammond I want to tell you just a couple of things and Babla with our ham
no no. These these guys come from California and a half obsession about these issues.
Now let us move on
so that we are happy so because I need to finish that we are ham. Okay, how are our ham going to inherit our ham going to inherit?
Who's going to give them anything? Hana PISA honeyberries magic isn't Jaffa is they're not there there is nothing called COVID or ham okay? And the actually it's much easier for them
and the berries are in any problematic thing they are still sitting with us here
the Americans and the Hanafi school have checked out earlier with a grandfather the American Japanese can check out here earlier but the HANA bellies are always there
no but but yeah but but
this is this is a different issue
people like my daughter more than 13 will say to the way they are robbing Bill Maher roof This is the what whatever his daughter used or it was the story who said that it was a is where Jabba
you know, because it was then applied to the people who got parts of the inheritance but it does not apply to everything else. But this is one of our homies and he could have been you know, we have is often buddies are you using this i Oh honey bottom Alibaba, pick it up in LA. They're saying that they are I will learn from the generality of the believers we give it to them before we give it to the generality of the believers. Okay. So
yeah, yeah. So one could have come up with the laser possibility for that they are the rest of their relatives who are not residuary errs and are not entitled to a designated chair your material aren't you know, your beautiful material and who's like your mother. The prophets of salaam said she as a mother.
So she gets you know, she gets something here and if she does not, you want to include her in your well if she is, she is needy, okay, they don't inherit in the presence of any resume or any air and vital to designated chairs except to one of the spouses then they would inherit the remainder without blockage hardship or correction for shortage. So, how will so, they will only inherit
if there is nobody else, you know, if there is no one because the other inheritors, whether they are inheritors by designated chairs or inheritors by ta c which is raised, raised, weary inheritors, there is where the inheritors, they get the rest, so, no one was given anything because they just get the rest, but the inheritors was designated chairs, what do we do with them rod redistribution, we give them back, whatever is left,
that you know that no one would be in the absence of residuary heirs, in the absence of residuary heirs. We go back and look at the inheritors with designated chairs and give them the restaurant than
redistribution. Except to the two spouses except the two spouses we don't give them back the rest of man give them back the rest. Not and said we'll give them back the rest instead of the money going to the government will go to the spouse is better. But that we anyway they did not give them back the rest and but they gave them with our ham they give them with our ham.
The rest but they would not allow that we are having this case they compete with the husband the husband gets his half that's it. If they if they will or ham the
after you promote each one of them How do that with our ham inherit because we are not going to go into the details it is very rare that you would find someone who does not have anybody whatsoever and you will go to value or ham
but how does that weight our ham in a nutshell inherit you will promote each one of them until you get to the connection between them and deceased that would have inherited inherited had the been a life.
So the material and
the mother, okay.
The sons, daughter, the son
take care up, you know until you get to a point.
The sons daughter,
the daughter, his daughter, the daughter, the daughter, his daughter would be like the daughter
like her father
sons daughter does not inherit by Tarceva.
Except if he if he has a if she if she has a son if she has a brother that he will make her to awesome.
So, here he will say
they inherit by upward substitution meaning that each one of them will be put in place of the relatives through whom he or she is connected to the deceased. Here are some examples the children of the daughters of the Sons Daughters and of the sisters
will take the place of their mothers, the daughters of the brothers and of their paternal uncles and the sons of the maternal half brothers will take the place of their fathers
this has been added to
oh you're you were saying the Sons Daughters I'm sorry I'm talking about the brothers daughters sorry the Sons Daughters are not with us here
that was I said we as I talked about the Sons Daughters okay, why didn't you guys stop me anyway
the you're saying the sons daughter the Sons Daughters are not with us. I'm talking about the brothers daughters we'll get the share of the brother okay.
The paternal aunts and the father's maternal and half brothers will take the place of the Father the maternal uncles material and aunts and maternal grand father will take the place of the mother and so on.
If there are two who are more from the same direction they have and then the most deserving is the one closest to the air who would have inherited have he or see been alive
these are all just different scenarios of they are equally close then divide the money among those through whom they are connected to the deceased and granted their shares to those related to the deceased through them giving equal shares to the males and females from the same direction. Therefore, if He was survived by a daughter, his son or daughter or daughters son or daughter of another daughter and a son and daughter of a third daughter, you will divide the estate among the three daughters and then give their shares to their respective children for the son of the first daughter is 1/3 and for the daughter of the second the daughter is 1/3 and for both the son and
daughter of the third daughter is 1/3 to be divided equally between them. Okay, this he Okay.
had three daughters. This is the index case has three daughters. Each daughter had okay. This daughter had a daughter, this daughter had a daughter, this daughter had a son and a daughter the three daughters died before their father died. Now, all you have here is children have daughters are these inheritors. Now, there's our hand they're not okay. So upgrade them put you know, so we'll 1/3 1/3 1/3 it will be divided between them this 1/3 will go to this this 1/3 will go to this this 1/3 will go to this equally divided yes
We will skip this one
we what we we've we've gone over this well suited Messiah the chapter on the you know
this is basically arithmetic issues arithmetic
redistribution, we did talk about three this this redistribution,
keep this in mind there is no owl or rod redistribution in any case where is where the air inherits, of course, because if there is our that there is nothing left for him to inherit. You know, and if he is there, there is no rod because he takes the rest of what he takes. He took the rest
on eliminating fractions you know arithmetic believe me all of this arithmetic issues, we have computerization techniques that are great chapter on miscellaneous issues.
His wife is pregnant and they died, his wife is pregnant and they died. What do you do you presume that what isn't his wife's womb? His two sons or two daughters whichever is greater.
Could it be good the two daughters have more than the two sons of course, the two daughters can have two thirds in the absence of a brother
the two sons will have the rest the rest can sometimes to be five five out of 12 Right.
So, the two daughters can inherit more okay. And then.
So, then you will give the people their shares until you know, if she had only one not two, then whatever remains will be redistributed, redistributed Malik said no we will wait until she gives birth but we give them everything but we keep for the what if she gave birth to three or not to we will go back and take from the heirs
you know the the hack of the fetuses daughters is going to be the same three dots are going to be the same. Yes.
Chapter on miscellaneous miscellaneous issues head on we are here so yes
but it is not definitive
it's not definitive. Ultrasound is not definitive How many times did it make a mistake?
No, but but it's still not definitive.
No, but but this is, but this is, you know, no, this is actually not another laboratory lab run by another. It rare rare things are not considered. But this is not rare, you know, asked, you know, the people who had ultrasound,
you know, oftentimes not oftentimes, but it is not rare that the ultrasound gets it wrong.
Okay, okay. All right.
If you will go inside
and basically do amniocentesis and get some tissue and do a chromosomal analysis and figure out the gender that definitively
maybe, but ultrasound per se, particularly in the presence of twins, do you know how ultrasound figures the gender? They look for something between your legs
the gender is also a problem
okay, oh, I see that. I see that. Okay. All right. You know, the ultrasound will be accurate in terms of the number of fetuses. Yes, it is accurate, but the gender is the issue. The gender particularly when you have twins that the gender very difficult to look for? Yes. Okay. All right, you know, the number the number of fetuses can be solved. Okay, I agree. Sorry, to California and Canada also this just like worse.
All right. But anyway,
we're in Canada. Okay, let's let's just finish those finish finished the Spanish chapter on miscellaneous issues. If one of
if one of the errors is missing, and his or her whereabouts are unknown, you give each one of them each of the other heirs their certain share, the rest will be reserved until his condition is known unless he goes missing in perilous circumstances, in which case you wait for years and then his his share will be divided under has summits to have out in these issues because
review them. We're not waiting for four years or 90 years nowadays, the world has become different and communication. But anyway, it's a little different nowadays. If you divorce your wife and your terminal illness and we leave the reverse your wife in terminal in this and then you die.
If you die in her head, he will tell you she will inherit actually in the hand Betty madhhab she will inherit even after 25 years as long as she does not get married.
You know, like she wouldn't inherit Nomad, you know, not inherit this at the end, but she has not gotten married she would inherit because we're suspecting that you divorced her in your terminal illness to deprive her of inheritance.
Yes. So the last issue here is, if the heirs acknowledge the presence of a co heir, who agrees with them or is young and of unknown lineage, then his or her attribution to the deceased or the decedent
and inheritance from the deceased is established, if only some of the heirs admit this, the attribution to the deceased is not established. Still, he or she will get that difference between one very received share of inheritance of those heirs who admitted and to the presumptive share have he or she
been eligible for inheritance, he died.
He died and he left the two boys and he was actually married to another woman. But no one knew and he had from another woman.
This boy, for instance, from another woman, this son acknowledged that this is our brother. This son did not acknowledge that this is our brother. If both of them acknowledge that this is our brother what happens each one gets 1/3 If one acknowledge that this is our brother and the other did not acknowledge that this is our brother, this one that who did not acknowledge you will get one half. This one will get half but
he will take 1/3 and 162 will go to the this one. So since you are saying that this is your brother, then you're entitled to 1/3 We will give you the 1/3 this man did not acknowledge the brotherhood of this brother. So we will just give him the one half is arrived. If had this actually been a brother? Yes Have this actually. So.
This is remarkable because we're actually done Subhanak law homes etc.