Inheritance In Islam Mu On Dec 1 2006

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Mohammed Faqih

Channel: Mohammed Faqih

Episode Notes

Episode Transcript

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University

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appraiser

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may seek his help, and his aid, and I seek refuge in a lot of them from or even

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from the evil chief

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evil of since,

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from the evil of money, there's evil in money I started by saying,

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so I could get rid of

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chiffon

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and strengthen myself. And he will since we're approaching a very important topic.

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We're going to be talking about money.

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Show me the money.

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This is a very laws of inheritance. wills be quest.

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Very, very vast topic.

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And there's no way that you can cover this topic in the in 45 minutes or, you know, 30 minute lecture. In fact, I remember when we were doing Islamic Studies in our

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there was one subject called an order that we had to study whole semester, we have to study. You can't hear me.

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Maybe your hearing aid for the needles just ran out of batteries.

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Can we can you ask bro.

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So this is a very, very intense and very vast topic.

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And it's not

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a necessity for us to go over certain details and technicalities. In this particular question. There are a lot of people that counties have legal issues that will be covered as well. So I don't want to take any of that will be covered next week.

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So tonight, I decided to just speak about the importance of the topic itself, and, and what the city has said about right and give a couple of examples of how it's done. And maybe the significance of so before we start, I asked a question is money good or evil?

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Is money well, good for him?

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You have to

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be a good be evil, because those who believe that he is a good president.

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We also believe that it's

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those who believe it's evil be

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Tony to

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everybody else by

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the

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well, it's not a biblical point of view. But you know, they say that the love of money is the root of all evil. See, Islam

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has

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the most wise, constant approach to any concept or any or any issue.

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Someone was quoted saying.

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He said, The truth is that the love of money or wealth is something that

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and he says any person that claims that they don't love, money or wealth

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is a liar or a hypocrite. And then he quoted someone saying one of the ways people have said, Whosoever claims that he doesn't love money

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is a liar.

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He says until he is proven to be truthful. And he said he proves himself to be truthful then he's an idiot.

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Now, of course when we want to answer this question, whether money is either good or the love of money is this we go look for the answer.

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For instance,

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that you love the world you live in.

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What in Davao

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City, this is man's nature, this is human beings nature when

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the scholars have to see pretty

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There's consensus that means what? Well, it means.

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Well, there's another burst of data

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loss promises. So it sort of

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says nine, one balloon, Xena.

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The beauty of this slide. Well,

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that was explicitly in Surah. earlier on, I believe, two or three verse 814, Allah explicitly said z.

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Many

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gold and silver, that's what, that's what that was beautiful. The low dose items was beautified to people. So it is something natural gold was created as

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an experiment, but I realized that we don't have

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little kids. But if you were to go to

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two little kids,

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and someone was telling me that

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he said, he went to his nephew, and he offered them a piece of chocolate.

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syrup

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clicking it,

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chocolate?

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Well,

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okay,

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here's what I found, from my experience, you often lose a boy or a little boy or a piece of chocolate or money.

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You offer a little girl, a chocolate or money, no matter how little they are, they will always choose the money.

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Which which proves which proves that second theory that says women use both sides of their brain.

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And maybe that's why I must have revealed the verses that talk about inheritance and the laws of inheritance and money.

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Woman

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but every time you do this, you will find it to be pretty much consistent.

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Human beings have this natural tendency to love or appreciate. This is a must have.

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And the purpose of

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this is not an issue.

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You see the issue is where you get that wealth from and how do you deal with it? What do you do with it?

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That's what becomes that's what becomes good or evil. But what

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is not how you get it. And what you do with it is and that's what

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you're responsible for.

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Because

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once you die, your reckoning begins, and you will be questioned about how you've done your test in this life

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is the one that created life and death testing. So this life is a test. The province of a Walmart tells us that

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everybody will be asked

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about about this test. One of those questions or one of those areas where we will be questioned is what what have you wouldn't you do with

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every human being will be asked about four things. One of them is one of those items. One man he is well

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when he got a frog, and how we

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where we got from and how he spent it. What did you do with it?

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One of those avenues

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Hello, pure

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sources of wealth is inheritance when you inherit money from,

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if you inherit it from from, this is one of those ways that you get whether it is also one of those ways that you spend the wealth through, you know, when you leave it behind,

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you're still responsible.

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If you have the ability to control how it's used afterwards you're responsible for. So you must, you have to make sure that you do your part before you're done. Because last thing you want to do is the wealth that you should leave behind to help you generate good deeds, if you do well with it. last thing you want is that well, once you have, you know,

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basically pretty much have done a lot and he went through a lot, and he worked hard to learn it, you don't want that wealth to be a source of blame, and a source of punishment after you're done. This is I think, this is my worst nightmare. You know, if you work hard for the web, and it becomes a curse afterwards.

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How would you deal with that, and whether you follow the Islamic guidelines or not, that's what determines. Now.

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We live in a society in society,

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where it is very important. And again, you go, you've got to cover the legal issue we'll be covering next week. But where if you do not right away?

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If you do not,

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if you do not be free, if you do not exactly determine how it's done, how it should be handled after your death, you leave your state and leaving Well, it will be mismanaged. And it's not going to be done in the proper Islamic manner you will be responsible for this takes me to the issue of lossy writing will

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be queefing or writing? Because

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is it?

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What is what is the meaning of it? And does anyone know what is the morning of Friday and will and it's nothing?

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Anyone knows? Is it?

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Well, this was indeed the case it was obligatory in the beginning when

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the following verse from

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Allah says

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it is written upon you could you by by just like passing

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when death approaches one of you in this, he or she are leaving behind any wealth, and we'll see they have to decrease, they have to read what they have to write about.

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And this was was the case until it was revealed to the

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consumer versus a set of results actually number of verses

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explaining how your state or your wealth should be divided after your death.

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In the process of writing to send them made the following statement levels

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you do not we do not write a Will you don't have to write for anyone for anyone who cares. So now we have several passages or several cases right here. They said initially, before those laws work would reveal a last parallel with the other things. People have their own ways of dividing their work.

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And then I was kind of done with the believers or loses value is ready to deal with a lot of reveals embrace that it gives us gives us the breakdown of how the wealth should be divided afterwards. And it's the responsibility of the heirs and the authorized people of authority to make sure that the wealth is divided according to the Sharia has

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revealed verses seven

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through

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37 through 13. Through 14 you can say very firm

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was powerful ending talk about the details. There are other verses somewhere some in some other places. That also that wouldn't be automated, but those set of verses with very powerful ending

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with with a lot of details talk about the laws of inheritance pretty much the basic laws of inheritance, how should we divide all the

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Basically

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assume that you, for example, well,

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first of all, I was struck by saying that

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women,

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for men, there is a shift from that which

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the parents and those of

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us

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seat and women have a share as well. Of course, this is the first verse that's pretty much ending the practice of the ancient nations, including the hours of depriving women from there, right.

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In fact, in some cultures, women used to be inherited, like any other piece of any other piece of property. So it's not.

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And

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he said, he said,

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during the time of the incident women created after the

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bill was mentioned,

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and mentioned their rights. And the last panel data gave their rights up in Texas.

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So most stated that

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this is the ending of this person.

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Receiving the full Ba Ba, it's a little much about whether it's our what is

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a million dollar doesn't matter.

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This is the last piece of the puzzle that was

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the following verse.

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Or

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verse 10.

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talks about those people who do not follow the proper etiquette and consume the wealth of the orphans by saying

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they are consuming help, they're consuming fire. And they will, they will actually suffer the blazing fire agenda.

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One more what's the most common talks about the breakdown and he says in one verse, he says, we'll see him in a mall. This is

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in another one, he says, verse three,

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an obligation.

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So it is not something to be taken lightly.

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And I remember

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I guess this is still fresh in my mind. My father in law died. 25 days later, my my father died. And I remember doing the same thing with my siblings that I did with my pillows. I gathered everyone together and when it was still, and I said, Listen, this is what

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people take this issue lightly. And it should not be taken lightly.

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puts a lot of emphasis mentioned a lot of details. Normally, you would find in the show, yeah. Is it something more important than some of

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the practices?

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is a prophet who taught us a lot? Is it through the

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through the cinder to teach us, you know, how many prayers and how to pray how many records all these details in the students, when it comes to the laws of inheritance. That was

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the

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point for us a few things here. But the basic laws were explained by the law.

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You will find also very interesting pattern when it comes to financial transactions that are so common that people take lightly and breaks down the person the practice.

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The property is of how should you know the loan and how we should write it down How should documented and how the uniqueness is unique? Because this is a very critical issue. This is this is an issue that actually divides and breaks families.

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And that's why

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a lot of emphasis upon it. So initially, it was obligatory upon the person who's dying to write.

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And then later when I was profound against the breakdown of those verses, it wasn't, it wasn't that was not the case. So

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that when it comes to writing, listen to this carefully. It takes five rules. It could be a jury if the person has deaths or has issues, financial issues that need to be recorded or documented. In that case, it is

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obligatory, pretty much there's consensus amongst the four schools of

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the second one is the SEC. Right Ryan will is recommended to have you get reward for such as for example, providing you will be given a share for example, to the middle

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Generating endowment, doing something good with it or giving someone who is either related to you or someone who's not related to you if they needed, giving them something in your will, because they're not going to receive, they don't have a share according to the IRS, what are the legal, then you basically remember them by giving them a share from that monster that you have, which will we shall explain. So this is not recommended, you will be rewarded for it. And if you do it for charity, then it's

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the problem and he tells us that wouldn't disappoint one human being dies, this is good, he

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wouldn't be seen this over. And you don't have that brings you to these after your death except through three means one of which is sort of a charity as a continuous charity,

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or an endowment of some sort of some kind that will generate with this way. The third one is it is permissible to write a will. And these aren't normal circumstances, if you want to

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give someone that does not mean it's permissible for you. The third, the fourth type is

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it is a slight.

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And this one takes two forms it is

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it is not acceptable for someone to write

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with the intention of depriving or punishing someone who is opposed to what they see the shape.

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Depending on how how unjust the person has been has been, it could vary from being disliked or cruel, all the way to be harmed, and invalid buffer.

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So for example, someone is diagnosed with cancer, they're told that they have six months to live.

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And he doesn't like his wife. So he wants her share to decrease, he knows he's going to get one eighth of the stick. According to the show, yeah. So he wants to share to decrease, he has no interest whatsoever to work. So he goes and gives one third of his wealth to his neighbor. And for example, they said, dependent And this, of course, in an Islamic court system. You know, it's these kind of wills that are written during this critical period of someone's life. When the person is either told when they're going to die, or during those critical days of their life, it is analyzed by a Muslim judge normally, and to see what were the motives of that.

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Now with concern

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is how to write a will in which someone denies someone

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shares a loss.

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That is

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period.

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Daughter, like for example, sometimes in those movies, I don't know,

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you'll hear someone

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say, I'm going to basically deprive you from from your share in my work, you can stop because you don't have control over who

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it is. So if someone has

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to give one of your heirs extra share, that is also hard, because

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you cannot write you will give someone more share that has already given them. And if someone does that, or they didn't, let's say their oldest son or you know, did a lot of work, and they worked harder than the rest of the siblings. And they believe that they should maybe get a little more. And he he gave him or her from that one third of there's a little extra, it has to be approved by the rest of the heirs before it becomes habit. But the person who's writing the will, must not do that.

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So it shows up. So these are the four the four now the scholars nowadays, they look at a situation similar to ours here in North America, where if you do not take care of your wealth, and you don't write a will and you divided you know, according to the Sharia,

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that wealth of viewers will go to someone else or Uncle Sam will seize it or you know, you can lose half of it or you know, your wife or whatever it is it will go to someone that does not deserve according to the Sharia. In this case, in our case here pretty much amongst the scholars who are aware of our situation here in America, there's pretty much agreement that there is an

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obligation. It is mandatory if you have wealth to write because if you don't write the word for it to snap, you know what will happen

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Your state and your wealth, the experts, and the legal experts will tell you next week, it will be divided. Now according to the SEC and will be taken away, right, we have somebody who can, who can tell us it will be given up. And I know tons of sad stories

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of how people who neglected or did not care for this, how their their their wealth is basically mismanaged.

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There's another issue. Many people, many people in North America, they have debts.

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And it

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was one of those people who was famous, he said,

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somebody was sending them

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the

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new CV, they're being claimed the

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diagnosis with the disease, or the problem that it is, it is a, it's a it's an obligation upon any Muslim, who has a manner in which he has the right to it, that's one of the things that he owed us or money that others

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it is,

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it's an obligation upon every Muslim to write the death recorded, do not let two nights pass by, that's what for eight hours, without you taking care of this, documenting it in the best of fashion and having it with you are having it somewhere where people can access it after your death.

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So ever since I made the statement, he said I had not spent the night without my will under my pillow. Literally. And he used to change his look at it, sometimes you have to update the look. And again, the you know, you're going to that will be covered next week as well. So as to how you can do that you have to update the book,

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you know, you know you have a new member in the family or mailbox account without protecting preserve all of your new family members or a family member dies, then sometimes we have to update the world based on the change of circumstances.

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Now, you have to remember that it is one of the one of the signs of good in the pursuit of happiness for someone to take care of this matter and to write their what is the ultimate what is one of the signs of evil ending for someone to neglect this, this obligation

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or not to properly according to the Sharia, in the Hadith, the prophet talks about

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suffering

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for you.

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If it was easier

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for you.

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He said a man may do good deeds, very righteous person for 70 years. And then does the processor Meanwhile, he's dying, he writes his will and his well

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he owns someone in his world.

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And this is an act of what

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this is a righteous person. But he has a daughter in law that he hates. And he cannot imagine and he knows his son does not have good financial management and she's gonna take over that money right and he doesn't want him to have access to it. So, he he deprives the sun that sun from his house

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by doing such a thing that

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he would have not lost power and Hellfire because

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he will incur upon himself the reference

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because you don't interfere with this, this is something that

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deserves the right to divide himself in it became apparent that till the end of time, so this is an area where you should not interfere in the wrong fashion. You should only do whatever is necessary to implement what a lot so agenda decided.

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Okay.

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So,

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having said that,

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what should we do?

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If you have any amount of wealth, be it a lot.

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Whether it's a small amount of money, any property, any state under your name, you have accounts, you have

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stocks, anything that is worth anything

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and or if you have

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debts whether you owe people people volume, you need to record all that in documented in the proper fashion.

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ASAP.

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And whatever it is legal assistance

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assistance, you need to go have a seat that is an issue, especially here in America, you know a lot of people do before they go to Hajj, which is a very normal thing.

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But

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what about when you go to Pakistan?

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Or what about when you went to South Africa,

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or wherever you we go to, you know, on a vacation was the one to vacation in Southeast Asia,

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they were gonna

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go to the washroom.

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If they want to go on a cruise trip, for seven days, after 10 years, they don't think that this, this requires writing.

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According to normal, you should not let any day or any night pass without writing, if you must do so do it as soon as possible. If you have to spend any money to do it properly, to do it in legal

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legal consultant or assistance, then then that money that you do

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not will be you will be rewarded. And it's worth doing.

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Okay, now,

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you should also you should also assign someone or actually more than one person to watch over this process. And as someone that you trust to watch over this process and watch over your kids,

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please do.

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Let it be someone who is

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more than one person.

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And you're going to be covering.

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Okay, so this will be covered

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up to individuals. Okay, excellent. And actually

00:32:24--> 00:32:25

talk about this

00:32:27--> 00:32:33

very early on, we talked about having someone in how recommended is to have someone to watch.

00:32:34--> 00:32:37

And that person has to be someone who views

00:32:38--> 00:32:45

someone with high ethical and moral values and principles. And they have to be also reminded of what was happening.

00:32:53--> 00:33:17

Now, the other thing is, if you yourself, have been an air for someone, when your parents passed away, you know of any wealth that is sitting around waiting to be divided according to the Sharia. And you know, many people are so laid back about it, they don't care, it has to be done ASAP. Take care of it asap. Don't let it linger.

00:33:19--> 00:33:20

20 years,

00:33:21--> 00:33:32

get it done with if you don't want to share, right, if you have control over someone else's ship, you need to deliver it to them as soon as possible.

00:33:35--> 00:33:41

As soon as possible. If you yourself, have your shift somewhere else, you know, it's just

00:33:42--> 00:33:55

somebody else and you don't want to get it divided. Know what your shift is. And then and then after that, say you take it or give it to any of the other heirs or give it to them. But don't leave it there.

00:33:57--> 00:34:05

touched in a state where it's not decided. I tell you what, because if you have a share, let's say you have 50,000

00:34:06--> 00:34:07

somewhere

00:34:09--> 00:34:23

that you inherited or 60, you know from from your parents. Now, it's in your name. You haven't done anything about it. You didn't take it, you didn't give it back to someone else. The ownership is yours.

00:34:26--> 00:34:31

Guess who becomes the owner of that. Your is your children, your wife

00:34:33--> 00:34:45

who's responsible but about informing them about it you you didn't do your part what happens that money Believe it or not brothers sisters becomes mentality. It becomes a wealth of an orphan.

00:34:47--> 00:34:59

And whoever keeps that money or whoever ends up taking it, they are consuming the wealth of an author. And that's why you know, many of these kind of things just without without finalizing it.

00:35:00--> 00:35:01

It's not, it's not.

00:35:02--> 00:35:05

It's so hard to take care of it, is it you

00:35:06--> 00:35:07

know, you're sharing them give it away.

00:35:10--> 00:35:13

So if you die, it's not yours anymore because you gave it back to someone.

00:35:15--> 00:35:19

So this has, whether it is a property or whether it's cash or liquid.

00:35:22--> 00:35:28

Are you saying that our Father's house, what should I do about it or his land, knowing your share?

00:35:29--> 00:35:37

What is the value of that shed by your chair, or me sell your chair or just give it back to someone, but don't let it don't need a complaint.

00:35:39--> 00:35:52

And maybe you'll share with us next week, your show statistics and numbers of how many millions of dollars and billions of dollars are just sitting there waiting for someone to come and claim the missing day this will be questioned as to how this wealth was handled

00:35:53--> 00:35:54

in a lump sum,

00:35:55--> 00:35:56

to see what

00:35:58--> 00:35:58

what

00:36:02--> 00:36:04

you want to know what that says about wealth,

00:36:06--> 00:36:15

wealth, responsibility, and what says, You are not allowed, you're not allowed to give your wealth to someone who does not have good financial management

00:36:17--> 00:36:28

is a full a person who doesn't have good financial management, it is not and it's not permissible for you to give the wealth to someone who doesn't know how to manage it, someone who's worth wasting

00:36:29--> 00:36:33

is prohibited. does not say it's because of

00:36:39--> 00:36:39

money.

00:36:40--> 00:36:58

But you can give them control over what is now the person who doesn't have good financial management may lose even misses on wealth, or money that he inherited, may lose control or authority over his own wealth because of his lack of financial management. But

00:37:00--> 00:37:06

keep in mind that to protect five things, five necessities, one of which is a net worth

00:37:08--> 00:37:13

is not something to be taken lightly. And one has to follow the show.

00:37:14--> 00:37:15

Now

00:37:16--> 00:37:18

gives us a breakdown. And I'll just give you a couple of examples.

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

from the

00:37:25--> 00:37:25

previous

00:37:34--> 00:37:42

keep in mind that I'm going to give you examples of how the wealth that is left behind how it's divided. Right.

00:37:45--> 00:37:46

And I'll just share with you a verse.

00:37:48--> 00:37:51

But keep in mind that here in America, you have

00:37:53--> 00:37:53

to write the William

00:37:55--> 00:38:07

you have to make this decision yourself find out what your case is according to Islam or you go to an expert and you will you will have to need you will have to have a financial legal expert and someone who has insurance

00:38:08--> 00:38:16

together to make sure that your will is islamically and legally correct. And you have to be you have to

00:38:17--> 00:38:22

you have to advise you have to commit yourself that money.

00:38:25--> 00:38:26

Last Hello Tara says

00:38:31--> 00:38:33

verse 11, I must

00:38:37--> 00:38:45

say one of the principles is that a male gets to share amongst the children the male gets to share

00:38:46--> 00:38:51

twice the share that a female the male gets twice this year with a female in

00:38:52--> 00:38:54

general, I mean this is this is

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

this is the face.

00:39:00--> 00:39:12

Did you know that there could be a time where for example, if someone dies and he has parents, his father and his mother, his mother will get more than his father, his mother will get one third and his father will get one.

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

So this

00:39:16--> 00:39:21

event is not always there is actually very specific.

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

When it comes to the children, you have children, and then you have doors.

00:39:31--> 00:39:38

Right, the son get twice the share of a feeling. So she gets one one share he gets to share.

00:39:39--> 00:39:42

And of course the you know there are obvious that we look

00:39:44--> 00:39:52

there's nothing to be embarrassed. You know there's nothing that needs to be. It doesn't need to be defended. It defends itself.

00:39:54--> 00:39:59

As a complete way of life. It's one package and you have to look at the bullet when the package is offering to you

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

Have

00:40:02--> 00:40:12

you know, you go to buy a house and they give you a package or you go to buy a car, they give you a packet, you have to go look at the whole package, you can just pick one part of that package. This is not fair.

00:40:14--> 00:40:16

Right? The part of that package that the

00:40:19--> 00:40:20

issues of finances,

00:40:21--> 00:40:22

in the money in

00:40:23--> 00:40:28

the sharing our rates, the male member of a family and responsible financially.

00:40:31--> 00:40:44

And obviously, if my daughter gets one share, and my son gets to share, guess what, according to the city, she does not have to spend from Russia, a penny, and he will have to spend for her needles

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

from his shoe.

00:40:47--> 00:40:58

If she is married, and her husband is financially responsible, she's in her chair, maybe we'll sit in the bank, or was it in her account, to have a horse, maybe she might

00:41:04--> 00:41:11

wear his chair that will be spent either on her or on his wife and his children. So it's not.

00:41:12--> 00:41:14

So this is this is from.

00:41:16--> 00:41:26

So, this is one of the principles that were mentioned, the presence of children affects the shares, when it comes to the heirs, the heirs,

00:41:28--> 00:41:30

they are pretty much named in the

00:41:31--> 00:41:34

world are specifying the categories of areas are

00:41:35--> 00:41:37

three males and seven females,

00:41:39--> 00:41:40

the females

00:41:43--> 00:41:45

suddenly inherit, the father

00:41:46--> 00:41:52

may inherit and the grandfather, these are the ones the ears

00:41:54--> 00:41:57

and then in certain cases the brother,

00:41:58--> 00:42:01

the brother, mean that person.

00:42:03--> 00:42:05

So, you have the son,

00:42:06--> 00:42:09

the father or the grandfather, and you have what

00:42:11--> 00:42:12

when it comes to the females,

00:42:18--> 00:42:26

when it comes to the females, what do you have, you have Mother, you have grandmother, you have daughter, you have you have sister,

00:42:28--> 00:42:46

and then you have the husband and the wife, and this is the case that I want to for example, I want to talk about the just giving examples, because again, each case, each case has to be looked at separately, because each case has is different from the other case, when it comes to the husband wife, Allison, Allison,

00:42:51--> 00:42:51

when

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

you have

00:42:56--> 00:43:06

you get half of what your wife leaves, if she does not have a son, or a daughter, she doesn't have a child, you get half

00:43:10--> 00:43:17

she if she has a child, whether it is from you or from someone else, if it's if she has a child,

00:43:21--> 00:43:26

then you get one fourth of what she's 45%.

00:43:30--> 00:43:32

And the last one,

00:43:34--> 00:43:35

she's

00:43:36--> 00:43:40

a woman, she gets one fourth of what you lead

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

in,

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

if you don't have a child,

00:43:47--> 00:43:58

if you don't have a child, if you have a child, whether it was her child or someone else's child or the previous marriage, if you have a child that she gets one eighth of that. Well,

00:43:59--> 00:44:03

that's the shared as a sidebar. So the President of the child makes makes it

00:44:10--> 00:44:19

in both cases, as well as the other piece of the last round of data keeps saying each one of those verse 11, you'll find that in verse 12, verify that

00:44:21--> 00:44:27

you've seen that you will see it in you will see here and another one you will see it in

00:44:28--> 00:44:34

our data. This is after there's a factor here that has to be observed a must have

00:44:35--> 00:44:49

asked her the look the will that you wrote after the whatever is mentioned in the will is taking care of all day or death.

00:44:50--> 00:44:54

So what happens is that your wellness

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

and

00:44:57--> 00:45:00

your will is impacted.

00:45:00--> 00:45:02

So, if you have a will,

00:45:03--> 00:45:09

you will have to be committed first. Now, when it comes to the Will you have power

00:45:12--> 00:45:15

over one third of your wealth,

00:45:16--> 00:45:21

which you can give to anyone or do anything with,

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

you know anything.

00:45:24--> 00:45:33

Anything, you can give it to the rescue, you can, you know, you can divide it as you want the medical half of it.

00:45:35--> 00:45:38

And the other half give it to someone that may not receive a share.

00:45:39--> 00:45:52

You know, maybe you have someone who let's say, you have individuals who, towards the end of their life, they go through a lot of pain and a lot and someone may be a relative, a distant relative or a friend who would come and help them a lot.

00:45:54--> 00:46:02

Could they write on their will something could they leave behind a gift to that person? Yes, from that one third of variously where is the belief was that

00:46:04--> 00:46:06

when he when he thought he was dying or

00:46:08--> 00:46:10

something, so the problem was sort of told him,

00:46:12--> 00:46:14

he kept physically decreasing the amount until

00:46:17--> 00:46:44

he said, You only have authority or power over the monster. And even that is a lot. And then he told him that do not you see what I wanted to do? I wanted to donate for the giveaway all as well, before he died. He wanted to write a will which he gives away as well. So the processes told him how to do that. So he said, Okay, hold on one half of it. He said, No, that's too much.

00:46:46--> 00:46:50

So he said, Okay, one third of it. He said, it's one third, okay.

00:46:52--> 00:47:03

And then he pointed out to him, he said that, he said, it is better for you to leave your children, those who are dependent on you financial, financially well off,

00:47:05--> 00:47:17

don't leave them Don't leave them with nothing. Even if you want to give all of that money to the misterio to a good cause, leave some something for them, because you don't want them to become a burden on the society.

00:47:18--> 00:47:36

You see, make sure that they will have their will to do afterwards. So they can do good deeds. And guess what, when they do good deeds, and they are great, they can they can make more money and they can help the economy of their community or their society and they become productive financially.

00:47:38--> 00:47:45

And they give you you will get that you get the reward you still get the reward so it's very important to think about the financial

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

welfare of the of your heirs or your children. So that's

00:47:55--> 00:48:01

basically made it clear that the person has only right over one third of this month.

00:48:04--> 00:48:05

Now

00:48:07--> 00:48:10

there are some details that I don't again want to get into

00:48:11--> 00:48:19

open the floor for q&a. But one of those details is this is a non Muslim inherit from

00:48:20--> 00:48:21

inherit from whatever

00:48:23--> 00:48:31

as an heir the person becomes disqualified because of the approval as an heir they don't have a ship.

00:48:32--> 00:48:46

So if someone has a child that commits apostasy, meaning he denounces Islam and he gets out of stuff, because laying the cross and in the generosity, we'll be praying to Jesus for the

00:48:47--> 00:49:00

right can you give that person that person loses their share, they have no shame however, or for example, a very common example someone who is married brother was married to a non Muslim

00:49:04--> 00:49:14

Okay, the course which he gets is from those See, the person could actually write from that one third, he can give as much as he wants to that person

00:49:15--> 00:49:16

whether it is a relative

00:49:23--> 00:49:31

or so, so, a lot of times people confuse those two issues for senior which you will which you bequeath is different from

00:49:32--> 00:49:35

the shares that are mentioned in the order.

00:49:36--> 00:49:37

will love that.

00:49:39--> 00:49:45

Okay, any The floor is yours for questions. If you have any questions or any Yes.

00:49:46--> 00:49:47

Yes.

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

The welder

00:49:53--> 00:49:54

See ya Yes.

00:49:58--> 00:49:59

The full demand

00:50:00--> 00:50:02

Is it something wrong?

00:50:05--> 00:50:05

or destroy

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

everything?

00:50:20--> 00:50:32

Muslim countries again, you should, that's why I'm saying this because in the old days, they have discussed this that a person should have you know more than one person as a backup, because we never know what of that person

00:50:34--> 00:50:38

should have more than one person basically that know about

00:50:39--> 00:50:40

networks

00:50:44--> 00:50:46

right. So, you have to basically make sure that

00:50:48--> 00:50:52

there are people who assume that role and responsibilities are exactly

00:50:55--> 00:51:00

the way the person, so, for example, the oldest child with a woman before the Father,

00:51:01--> 00:51:04

depending on which trigger

00:51:05--> 00:51:09

is present, they assume that over and of course, he has

00:51:12--> 00:51:13

been here,

00:51:15--> 00:51:21

if the will use properly, yes, it has to be reported to the office

00:51:23--> 00:51:25

of public address, anybody can

00:51:27--> 00:51:30

mention, yes to tell his family.

00:51:31--> 00:51:31

So, you know,

00:51:35--> 00:51:35

the

00:51:44--> 00:51:50

one thing by the way, sometimes it might be very difficult to go back and change the

00:51:52--> 00:52:07

world. But some of the some of us might have little things here and there, let's say you know, you owe someone $1,000, someone owes us a few $100, these things have to be recorded and make sure that the people have access to after

00:52:09--> 00:52:09

So,

00:52:11--> 00:52:14

so make sure that someone knows when they sell you a laptop or a

00:52:16--> 00:52:17

printout of somewhere.

00:52:27--> 00:52:30

So here's something like this, this is a document that is

00:52:34--> 00:52:37

out there, but there are a lot of help

00:52:38--> 00:52:39

out there, I'll leave that

00:52:40--> 00:52:49

up to the experts to share with us next week, maybe the week after we could, we could offer you also some kind of personal assistance for those who want

00:52:54--> 00:53:00

to ask me you can get the free consultation. But if you want to do properly

00:53:05--> 00:53:05

respond to

00:53:08--> 00:53:09

the practical situation

00:53:12--> 00:53:16

that they own the money, and they don't have to give

00:53:17--> 00:53:21

that [???] we are California, California is a community

00:53:23--> 00:53:30

property anything you have after marriage has to be defined equally between the customer.

00:53:32--> 00:53:34

And then each one can have these

00:53:37--> 00:53:37

rules.

00:53:39--> 00:53:40

So I want to

00:53:42--> 00:53:44

scholarly opinion on that.

00:53:46--> 00:53:47

When it comes to

00:53:54--> 00:54:02

design, the husband or the wife does not have this automatically sitting right over there as well.

00:54:04--> 00:54:06

It's whatever you have.

00:54:08--> 00:54:10

And of course you're obligated

00:54:13--> 00:54:13

to spend

00:54:16--> 00:54:19

takes place even after after death and during

00:54:20--> 00:54:21

that has to be taken

00:54:24--> 00:54:27

at home and wherever you have promised whether it is

00:54:29--> 00:54:34

a pane of glass or Muslim as a follow up from the dead. So

00:54:35--> 00:54:40

margin is the wealth before anything else especially

00:54:45--> 00:54:46

for the husband.

00:54:48--> 00:54:52

We're actually the man is suing the wife

00:54:54--> 00:54:55

because she makes more money than him.

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

This is not going to be something that is not helpful to us. However,

00:55:08--> 00:55:12

if the person and I'm talking about of course, this is

00:55:14--> 00:55:18

I don't want to say this is the exception, but these are specific cases, if we have

00:55:20--> 00:55:38

couples who work together hard to build a business, together in the business, obviously use cases is made, right. And they bought a house together and they made a share of the financial burden together, many people really after let's say, the marriage

00:55:39--> 00:55:43

problems after 10 years or 20 years, many people assume that

00:55:50--> 00:55:54

karma was maybe a piece of gold gives you that piece of gold maybe

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

go.

00:55:59--> 00:56:00

So, each,

00:56:01--> 00:56:12

differently, she made a case like this and I know Muslim scholars of America, that actually ruled certain cases where they granted the right not only

00:56:13--> 00:56:13

that,

00:56:15--> 00:56:20

because she took an active role in making that wealth, the point that

00:56:22--> 00:56:23

we are faced with

00:56:25--> 00:56:30

by Americans, before we implement

00:56:31--> 00:56:36

and legally, spouse will automatically get exactly

00:56:38--> 00:56:39

the 50%

00:56:40--> 00:56:48

and then each one can be distributed according to the Islamic minutes. In this case, she becomes a wedding on

00:56:50--> 00:56:52

she becomes she has

00:56:54--> 00:56:55

no she has to deal with that wealth.

00:56:58--> 00:57:05

So, she keeps her chair and she delivers the rest of the share to whoever it is, it belongs

00:57:07--> 00:57:07

to.

00:57:09--> 00:57:29

But she becomes instantly in charge of that wealth, she assumes the responsibility that she will have to basically divided according to the to the to the show, but she does not assume or he does not assume that is this. So for example, let's just take the other example if the wife

00:57:30--> 00:57:32

and the husband basically

00:57:34--> 00:57:45

in this happens, this happens when he doesn't realize and remember that as long as children she has ferrets when her parents

00:57:49--> 00:57:50

her parents are

00:57:51--> 00:57:52

there not

00:57:55--> 00:58:02

many she has children, our children are there for the nurses for children past

00:58:30--> 00:58:33

these details are important in

00:58:34--> 00:58:35

Sydney

00:58:37--> 00:58:38

types of

00:58:39--> 00:58:45

assembly that you have probably half sister from your mother's side is treated differently from the Father side.

00:58:46--> 00:58:47

By the way,

00:58:49--> 00:58:52

who do you think is closer to inheritance?

00:58:54--> 00:58:57

Your brother from your mother or your father?

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

The mother

00:59:02--> 00:59:05

takes precedence and is closer to you

00:59:07--> 00:59:23

than you would have simply from a father son just because you shared exactly that. When it comes to marriage, it still is the opposite. But when it comes to inheritance, the person that shared with you has more is closer to

00:59:25--> 00:59:26

the person who did

00:59:30--> 00:59:31

this.

00:59:35--> 00:59:37

You can force dependents to go see a

00:59:42--> 00:59:45

brief statement of life advice my

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

okay

01:00:00--> 01:00:12

Let's say let's say I don't want to write all these details. So can I just write a piece of paper and notarized and everything and say, I want my wealth or my state to be divided according to the Islamic Sharia for more information consumption,

01:00:18--> 01:00:19

Islam

01:00:21--> 01:00:29

and coding to be the will check with a Muslim scholar anywhere in

01:00:33--> 01:00:34

anything as long as it is

01:00:36--> 01:00:38

whether recorded or not recorded,

01:00:39--> 01:00:43

notarized and kept fun, but he has to tell other people.

01:00:44--> 01:00:49

Of course, if it is reported, that is writing it something

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

I guess you

01:00:59--> 01:01:00

need to start targeting.

01:01:17--> 01:01:19

Write it is a legal document.

01:01:20--> 01:01:21

Legal

01:01:23--> 01:01:25

is okay.

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

To leave the main work for those people who

01:01:34--> 01:01:34

just

01:01:35--> 01:01:36

have to specify

01:01:57--> 01:02:02

this piece of paper when you say that you want to have to be divided according to Islamic law.

01:02:04--> 01:02:08

The lawyer or whoever is legally

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

illegal.

01:02:17--> 01:02:19

In the old days, the judge or Muslim

01:02:22--> 01:02:28

By the way, when it comes to worry, not everyone is an expert. So you just know what

01:02:29--> 01:02:29

not

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

to do something

01:02:33--> 01:02:39

very common is that, you know, by the way, I'm not the best person to ask about fraud. Even if I was

01:02:41--> 01:02:44

a fraud. z is the most knowledgeable

01:02:48--> 01:02:57

he had. And you know, it's especially even when you go to, to students or graduates of Sharia, especially somebody who specializes

01:02:58--> 01:03:06

in the forest, I have a lot of interest. I love it because of it in calculation in math, there are some people who just couldn't, couldn't

01:03:07--> 01:03:11

help you also exhibit that is memorizing, knowing

01:03:12--> 01:03:20

the verses that talk about it. And because it's so complicated, not anyone is asking this question, because there are a lot of

01:03:21--> 01:03:30

holes, but there are a lot of details that person has to pay attention to. So it's not just one formula, there are so many formulas that so many cases

01:03:31--> 01:03:32

are asking me today.

01:03:37--> 01:03:38

You know,

01:03:42--> 01:03:49

I couldn't find a translation for it. But this is this is a very special case that could happen. It's not a very basic.

01:03:50--> 01:03:51

It's a special case.

01:03:55--> 01:04:04

That one of those things that he said, I wish I wish I had asked the Prophet before he died is I think, I think I believe it was whether the grandfather

01:04:06--> 01:04:18

or grandmother that she had so enough. So there are a lot of details that are that need to be so you have to ask the right the right person and also depends on this, because

01:04:20--> 01:04:20

maybe

01:04:22--> 01:04:23

certain is

01:04:25--> 01:04:30

my is probably some of them. Because I don't have my mother,

01:04:33--> 01:04:33

however,

01:04:34--> 01:04:36

died when they were still alive.

01:04:37--> 01:04:40

And that's why the shortcut way of doing it is what you said.

01:04:42--> 01:04:54

If you want to mention the details based on your circumstances, that might change and you might have to update the will. In fact, sometimes there is a case where

01:04:57--> 01:04:59

there was a case where America

01:05:02--> 01:05:03

Shortly after he died

01:05:05--> 01:05:10

a few months later, before this stage was divided, one of his parents died.

01:05:13--> 01:05:27

Now, the siblings contacted the children of this metal guy. And they said, We want to have one. Because when he died, there was a shift for the parent. When the parent died

01:05:28--> 01:05:29

in

01:05:31--> 01:05:31

his

01:05:36--> 01:05:59

immediate family, actually, it's one of the edits is that after the general is, is taken care of everything, immediately, within three days, more or less immediately, the person, the person's atellica, or his inheritance status has to be divided and settled when you say settled, because sometimes you don't have to literally or physically divided.

01:06:02--> 01:06:12

Because if one of the heirs die, the issue is complicated. And if another person dies, it will get more complicated. So time will not make things better,

01:06:13--> 01:06:19

especially in this case was against it goes against, the more you wait, the more complicated it might become. So

01:06:20--> 01:06:21

as

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

for the person who

01:06:24--> 01:06:42

recommended that there is so within three days, it is because people are very emotional, they're soft, they're passionate, they have this natural, passionate emotional attachment. It is easier to work on any differences or any problems, because people that are

01:06:46--> 01:06:51

easier to handle. But most people Unfortunately, most people don't want to deal with

01:06:55--> 01:06:55

this now.

01:06:58--> 01:07:01

Emotionally, they're in a state where you don't have that much attachment attachment.

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

The longer you wait, the harder it becomes.

01:07:11--> 01:07:12

Give me an example.

01:07:15--> 01:07:20

Any critical from a circuit perspective is from legal or limits we can do interesting

01:07:21--> 01:07:21

cases

01:07:32--> 01:07:41

is that if she doesn't have the sister if the female gives up her life, because she doesn't really need it, or she doesn't want it.

01:07:43--> 01:07:46

She's wealthy, or she has a lovely husband.

01:07:49--> 01:07:51

But if she if she says has been

01:07:52--> 01:08:04

around for 10 years or 20 years, they ignored it and she doesn't she can't get away with it. This is very similar to someone who's someone who is forced Of course, into giving up is right or

01:08:06--> 01:08:08

safe, and what are the

01:08:09--> 01:08:17

stakes and they are obligated to pay that back and give it back to that person. And if this matters not so much.

01:08:21--> 01:08:26

Last night, it is very important to make sure that satisfied is the one

01:08:32--> 01:08:38

you can get to one of those kids that have already been assigned amount of

01:08:41--> 01:08:44

you can get more competition, you cannot distribution.

01:08:46--> 01:08:46

However, is

01:08:48--> 01:08:49

this a

01:08:54--> 01:09:02

chair, that portion of your senior assistant is not going to be approved. Unless the other areas

01:09:05--> 01:09:07

but you yourself you should not do.

01:09:11--> 01:09:15

You cannot give someone on top many more than

01:09:16--> 01:09:18

you can give it to someone who doesn't have to.

01:09:21--> 01:09:27

Again, remember it has to be done to the edge. Because sometimes

01:09:31--> 01:09:35

25% of my sick and my mother is going to be only one third.

01:09:38--> 01:09:39

Now so

01:09:43--> 01:09:45

if you don't have a child, you don't have siblings.

01:09:48--> 01:09:57

If you don't have multiple siblings, and you don't have a child, for example, someone dies or someone dies, he doesn't have children. He has a wife

01:10:00--> 01:10:06

He has one one, and he has to have his his parents as far as what do you do with

01:10:08--> 01:10:10

in this case, the mother case

01:10:11--> 01:10:14

the wife gets one thing

01:10:16--> 01:10:19

one more 25% the father

01:10:20--> 01:10:20

once

01:10:22--> 01:10:23

once it

01:10:26--> 01:10:26

is very

01:10:28--> 01:10:36

important, right, there will be a portion that is that goes to the closest male member of his family, and that will be dismissed.

01:10:37--> 01:10:38

back. So,

01:10:39--> 01:10:40

on top of

01:10:42--> 01:10:46

the remaining amount. So, let's say someone comes and says,

01:10:48--> 01:11:03

You know, I don't want my wife to get he calculated 25% is let's say, That's too much work. So he goes in his one third of his wealth to this grandfather. So it will go back to his father or

01:11:05--> 01:11:06

his father's brother

01:11:07--> 01:11:18

with a patient of decreasing the amount that the share position does not cheap, but with the intention of decreasing the amount the net

01:11:30--> 01:11:31

Is

01:11:33--> 01:11:34

this what

01:11:35--> 01:11:37

you can produce?

01:11:38--> 01:11:40

Is it okay to say?

01:11:42--> 01:11:43

Can you

01:11:49--> 01:11:50

make a decision?

01:11:52--> 01:11:54

If someone is in critical stage

01:11:56--> 01:12:02

sickness, right, and they are impaired or they're not totally principle

01:12:04--> 01:12:05

encouraged?

01:12:07--> 01:12:11

Before we get to the stage, he said, You're not going to say Oh,

01:12:13--> 01:12:14

don't say

01:12:16--> 01:12:18

don't wait.

01:12:19--> 01:12:23

Do it as soon as possible. But that's the process

01:12:25--> 01:12:30

actually in that state and can I donate Can I give on her behalf?

01:12:33--> 01:12:39

Especially they know what there will be some scars and it is only from within that that

01:12:41--> 01:12:55

that responsibility always thinking back to the money most people will have the same people that will make a decision about the Bay Area or for example, taking off the size of the life support the same people will have

01:12:57--> 01:13:04

the authority to make a decision with the needle and gentlemen, support for consultation. Any person who has one more question

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

Yes.

01:13:11--> 01:13:11

Yes.

01:13:17--> 01:13:18

Yes. Now,

01:13:19--> 01:13:26

why does not shake, she does not have a she does not have to share. However,

01:13:28--> 01:13:35

however, there is this one third, which the person has control over so he can give birth.

01:13:55--> 01:13:56

Next, let's

01:14:13--> 01:14:17

talk about financial legal point of view.

01:14:35--> 01:14:36

center right now.