Ramadan 2009 – Cape Town – Day 09 Inheritance

Mufti Menk


Channel: Mufti Menk


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Salam aleikum wa rahmatullah wa barakato.

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Bismillah he will hamdu lillahi wa salatu salam ala rasulillah who Allah Allah He was happy he woman instead of a Buddha who abide. All praise is indeed due to Allah subhanho wa Taala blessings and salutations upon Muhammad sallallahu alayhi wasallam We ask Allah subhanho wa Taala to bless every single one of us, and to make us from those whom he has forgiven tonight, we ask Allah subhanho wa Taala to grant us a new beginning. And we ask Allah subhanho wa Taala to make us from those who take heed to make us from those who learned lesson to make us from those who seize the opportunity to learn his word, and to put it into practice. And we ask Allah subhanho wa Taala never ever to make

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us from those who lose hope in his mercy

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on a doula beloved brothers and sisters and dearest listeners this evening, we have an extremely important subject, so important that it affects every single one of us. Rasulullah sallallahu alayhi wa sallam has warned us saying in hoonah, school ilmi it is half of all knowledge. It is half of all knowledge. And the Prophet sallallahu alayhi wa sallam continues to tell us influenza, it is going to be taken away. In our Luma Yun zamin omachi. It is going to be the first knowledge that is going to be taken away from my alma What is this? I'm sure a lot of people who would like to know what it is. Before I tell you, that may explain to you yet another point Rasulullah sallallahu alayhi wa

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sallam says they will come a time when people will dispute regarding it. And they will be no one to guide them. No one to tell them what is right and wrong. And even if there was someone to tell them what is right or wrong. They wouldn't tell them fearing a backlash or fearing. May Allah subhanho wa Taala protect us the material wealth of this world. So what is the subject? The subject is the laws of inheritance in the Sharia.

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These laws are stipulated by Allah subhanho wa Taala The reason is, the wealth that Allah gives me it is not up to me to use it how I want, I can use it only within the framework that Allah subhanho wa Taala has dictated and has set down. And this is something of utmost importance. We ask Allah subhanho wa Taala to open the doors for every single one of us, when we have money in our pockets, let's not think that we can use it wherever we want. We can use it for as long as it does not contradict what Allah subhanho wa Taala has stipulated we can use it for as long as Allah subhanho wa Taala will not be upset because of us using it in something prohibitive and this is what we need

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to realize. So what this means is Allah subhanho wa Taala gives us well and he gives us a framework around which we will be utilizing and making use of that wealth outside that framework is not allowed. If that is the case once we are living, then surely even after we have passed away, it is completely prohibited to do whatever we would like we need to do what Allah subhanho wa Taala has stipulated

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and this is why the laws of inheritance have been mentioned very very clearly when it comes to Salah when it comes to the acts of worship such as prayer and Zakah Allah subhanho wa Taala has explained the prayer but not in detail in the Quran. Rather the detail is found in the Sunnah of Muhammad salallahu alayhi wasallam exactly how to bow down when to bow down or when to go for a coup or when to go for sujood and how it is done what to say and so on. That explanation you will find in the Sunnah of Rasulullah sallallahu alayhi wasallam and in the IDF in the life of the Prophet sallallahu alayhi wa sallam May peace be upon him. But when it comes to the laws of inheritance, Allah subhanho

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wa Taala himself has explained in the greatest possible detail more than he has explained any other act of worship and this all happens to be more so, in one surah which is that surah it is known as Surah Nisa, the surah is named after the women folk. And why does Allah subhanho wa Taala make mention of the laws of inheritance in the surah after the women folk, because many people cheat their women when it comes to inheritance? Many people deceive the females. Many people miscalculate and do not give them sometimes, and if they were to give them they would undervalue the properties so that they only make them happy. You know, when you talk of an estate with 10 million rands and

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you tell a woman you know yours is 100,000 Rand she'll be excited Subhana Allah, may Allah subhanho wa Taala grant us protection

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but if her share is

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million or 3 million and we will only making her happy by a figure that she became excited with. In that case, we are eating from the pieces of jahannam from the pieces of Hellfire May Allah subhanho wa Taala protect us. And this is why Allah subhanho wa Taala opens the surah by making mention of certain points regarding women and regarding the orphaned children moreso, the female orphan child,

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though both the orphans are included male and female, but the lesson is more for us regarding the female orphan child. And Allah subhanho wa Taala. Before I tell you the verses that he has mentioned, let me explain to you what used to happen in the pagan days, what used to happen before Islam, a woman was regarded as property, a woman was regarded as merchandise, when someone owed someone else a large amount of money, they would then take along their daughter, and go and give her and say thank you very much. And they would write off the debt. Sometimes they would give out their wives and they would give out their mothers and sisters in order to be absolved of a debt that they

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owed somebody else may Allah Subhana Allah Allah protect us. That was what used to happen. When a man dies, his wife was inherited by those whom he owed money to, or his wife was inherited by a brother or by an uncle or by someone else. Or they would write a rule saying when I die, my wife must go to so and so my mother must go to so and so my daughter must go to so and so. May Allah subhanho wa Taala protect us so a woman was regarded as property. Up to today there are certain cultures, when a woman gets married, they charge money to give her off because they consider her a piece of property. May Allah subhanho wa Taala protect us when I say they charge money. The father

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once in a mount, he says, Look, I looked after her when she was young, you've got to give me 10,000 brands. The mother says, Look, I had this so please, you need to give me so much. And the uncle comes and says hang on when she went to school, she lived at my house. So I need so much. All this is begun in Islam it is unacceptable. In Islam when marriage occurs, there is a small gift known as a Maha it does not translate as the word dowry, but we can call it dowry for as long as we understand that it's not the executive. A Maha is a gift from the groom to the bride. It is just a mere gifts of Hannah law, declaring that From today onwards, the responsibility of your food,

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clothing and accommodation is upon myself. And that responsibility. The man is taking that responsibility giving her a token, and that token is a mere gift known as a dowry, the father gets nothing. The mother and the others get nothing. Yes, if someone wants to give a gift, it's up to them. Now Allah subhanho wa Taala Grandis understanding so remembering that background when Islam came, when the Prophet sallallahu alayhi wa sallam came, the first thing he did is he prohibited the burial of girls. You know, people become upset when they have a girl child, they become very angry. Sometimes May Allah protect us. But at that time, everyone used to get upset they say this is a

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girl, she's not going to carry on my name I rather have a boy was going to carry on my name my lineage. So they used to take the girls one day and play with them and take them and dig a hole and put them in the hole and tell them hang on recovering will open just now they cover it they never open May Allah protect us. And this is why the Quran says

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LX v.

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When the female child who was buried alive will be asked on the day of the Yama what was the sin that made you be buried alive, there was no sin. Allah says on that day, we will serve justice by taking to task those who buried her alive. So we ask Allah subhanho wa Taala to protect us. So the first thing that was prohibited, it was prohibited to bury a girl child over and above that, it is prohibited to have a bad feeling in the heart when you are blessed with a female child. And if you have had that bad feeling you need to seek Allah's forgiveness. Because some people say I need a boy, I need a boy, I need a male. And when your wife gives birth to a female, you get upset Oh no,

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it's the fourth girl. Allahu Akbar. The haddix is anyone who has girls looks after them and gets them married off gives them a proper upbringing gets them married off to people who are reasonable and decent, Allah will give them paradise in return. Subhana Allah. Now how many of us want girls?

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We ask Allah Subhana Allah Allah to grant us whatever is best for us boys or girls for as long as they are healthy, obedient children. We think Allah subhanho wa Taala then Allah subhanho wa Taala has declared and decreed that not only is it prohibited to treat a female as property, but you need to acknowledge that she has the right to own property. So Hannah,

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and this is why Allah subhanho wa Taala says in Surah Nisa regarding the women what

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Hola como

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una de Baku, honey.

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you must give the women folk that gift or that mahalo that dowry if you'd like if you'd like to call it, and you must give it to them in full, and if they are the owners of it, you must not take from it unless they themselves at their own discretion decide to give you from it, or to give you some wealth, then you may eat it happily. Otherwise, it is there. Well, they can spend it wherever they want. And still, the food clothing and accommodation of every female is a duty upon her closest male relative. This is something many people don't understand.

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When a woman gets married in Islam, she does not need one thing. She does not need a penny because her basic necessities of food, clothing and accommodation have a basic standard who owes it to her, her closest male relative in which case it would be her husband. If she doesn't have a husband or she is widowed and has an adult son, then the adult son is the closest male relative, if she doesn't have sons than the Father, and even prior to marriage, it is the Father. And if she doesn't have the father nor husband, no sons, then the brothers, if not the brothers, then the uncles and so on. So Pamela did we know that? May Allah subhanho wa Taala protect us in fact, so much so that if she does

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not have any male relatives at all, it is the duty of Gemma at will Muslim in the congregation of Muslims to take care of that particular female in her response in her basic necessities of food, clothing and accommodation. So that is the background and now Allah subhanho wa Taala speaks about the orphan child. Allah subhanho wa Taala says,

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in this particular surah

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kabisa will

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give the orphan child his or her wealth and don't change the wealth of an orphan which is good with what you have, which is bad. So sometimes what people do, the father has left some merchandise, the father has left some goods, some stock, and the father passes away. So there comes a guardian seeing that these orphans are young or it's a girl, it's a female, let's just change all these beautiful islands which are moulinex Islands, Mashallah. That is in the business. And let's put in these Chinese ions. I'm not saying Chinese ions are bad, please. But I am saying that they are much cheaper. Allahu Akbar Malik Allah subhanho wa Taala gratis Baraka in our business, whether we are

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selling Chinese stuff, or Japanese stuff. What beats me is the two countries are right next to each other. But if you say Japanese, I don't know why it holds the value that the Chinese don't really hold. Allah subhanho wa Taala protect us. That's not our topic tonight. However, let's continue to make mention of how it is prohibited to change that which the orphan has been given by the one who is deceased. and change it with what you have or trying to usurp it or try and undervalue it. Sometimes they've left properties and you want the property. So you go to the female and say, You know what, that house is worth 2 million rands, I'm going to give it to you and you know, deep down

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it's worth 10 million May Allah subhanho wa Taala grant us all protection. Allah subhanho wa Taala says, regarding this particular issue, the issue of giving back the wealth to the orphans in Surah, Nisa, remember, all the verses I'm going to quote for you tonight will be from Surah Nisa, if I mentioned otherwise, then it will be from a different surah. But this surah is the surah of women because it is close to the hearts of women when they are cheated when they are deceived. They are definitely from amongst those who don't know much at times, about business dealings and about property values and so on. And this is an address to the menfolk telling them that Be careful how

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you deal with the women folk. Don't cheat them, don't deceive them, even the orphans. Allah subhanho wa Taala says in Allah Nina colonna

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kulu NaVi boo Tony

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was a loner sorry, those who eat the wealth of orphans or who deceive the orphans, they are eating the fire of jahannam in their bellies. They are eating the fire of hell in their bellies, and Allah says We will then cast them into that fire. May Allah subhanho wa Taala grant us all protection.

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So when a person passes away, what should happen the reality is I do not have a choice as to what is going to happen with my wealth. No Do you? I do not have a say No Do you in Islam, it is prohibited

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for anyone to think that when they die, they have a choice as to where their money is going to go. No, you don't. And no I don't. If you did not know that, listen very carefully tonight, there is no scope for myself or yourself to decide what is going to happen with my wealth when I die, nothing. It is a last decision and Allah says that. So remember this, when Allah says you have to give someone you have to give them when Allah says you are not allowed to give someone you will not be allowed to give them when Allah says you can only give them a gift, you can give them a In fact, the fifth is an equation that is not really used when it comes to inheritance, let's use a quarter or an

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eighth or a sixth or a third or two thirds or half, Allahu Akbar. These are equations that are used in the Quran. These are proportions that are used in the Quran, it is Allah who decides what will happen with my wealth, when I'm alive, I can give it within the limits of Allah subhanho wa Taala as a gift to whomsoever I wish. If I have children whilst I'm alive, I should try my best to be fair when it comes to giving them whatever I am going to give them. So if I give one child 20,000 rands, I need to give the other child 20,000 rands, male or female, they are equal whilst I'm alive,

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whilst I'm alive, male or female, equal, and I must try to be just between my children because that is something extremely important. Remember, when children are very young, very small, we need to realize that if we favor one over the other, it will result in an inferiority complex with one and the superiority complex with the other, and it can have far reaching mental emotional effects that will only be felt many decades later, may Allah protect us. So that is why we need to treat all our children equally, you kiss one, you kiss the other. You buy something for one you buy for the other. Yes, if one needs to be reprimanded, you reprimand them within the limits, but you don't go beyond

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the limits. And remember something, don't praise one too much in front of the other that is oppression. This is regarding our own children. Now, if we are meant not to praise one too much over the other or in the presence of the other, then what do you think about well, do you think we will be allowed to be giving large amounts to one and the other one we say no, this one doesn't spin. think very carefully and sometimes write down how much money one of your children has taken from you. And ask yourself how much have I spent on the other one? Well, Allah has some of our children become greedy, because we have a soft spot for them. Whilst we don't realize we we accuse the other

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ones of being greedy, if they are not May Allah subhanho wa Taala protect us, and May He grant us understanding. So Allah subhanho wa Taala tells us that when a person passes away, the first things you need to do with their wealth, three things. One is the burial costs, the burial costs of myself in yourselves must come out from my own estate. Unless there is someone in my family or friends or relatives who would like to volunteer with that amount, then there is no problem. I think in most cases, many people volunteer the brothers were the family members, and they give that well, when it comes to burial expenses, the coffin machine shouting, the costs of the certificate, the death

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certificates, and so on. All that by right should come out of the estate. If someone volunteers it will be a good deed for them. The next thing that happens immediately is the issue of paying the debts of the deceased. Remember one thing to go and borrow money in Islam is completely forbidden.

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To borrow money from someone and to borrow something from someone is totally prohibited. It's a major sin unless you really need it. So there is actually an exception. When you borrow money from someone Why do you want someone else's wealth with you? Do you know how serious a crime that is? If you really need it? Yes, it's allowed if you really need it, there is there is an exception there is permissibility but the blanket rule is that it's not allowed unless it is needed. The Prophet sallallahu alayhi wa sallam used to come after someone has passed away and the janitor was ready and he used to stand in front of the the dead person to read the prayer. And he used to look back and

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ask the companions Allah He does he does he owe anyone any money? And if they said yes, he would turn around walk away and tell him some new Allah sahibi come You guys are you people use a hammer or the Allahu anhu you can continue with the Salah I am going away. I cannot make dua for someone who owes someone else money Allahu Akbar. That is how serious it is. So much so that the Sahaba used to weep they used to cry when the when the Prophet sallallahu alayhi wa sallam used to be walking away that one or two of them used to say Yasuda, la Yasuda, la or messenger of Allah, Allah you know, I will pay that debt of this particular person come and read Salah when he used to look back,

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turn and come back and then he used to say Allahu Akbar for the janaza Subhana Allah. That is how serious it is to borrow money from people to be in debt. May Allah subhanho wa Taala make us from amongst those who can pay our debts quickly. And may He make us from those who are not too inclined into borrowing borrowing borrowing today the trend is the house is not yet paid the car

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is not yet paid, the business is not yet paid. This is not yet paid, everything is higher purchase, Allahu Akbar, when such a person dies, what happens? The system of the dunya will probably take half of the things away, and we'll take what you've already paid more than three quarters for it will be taken away. Why? Because we've indulged in a system that is unacceptable. islamically May Allah subhanho wa Taala protect us. So the point I'm raising here is when a person passes away, the second thing we will do is pay their debts. When if you still have excess money, there is some scope that Allah has allowed myself in yourselves. And let's listen very carefully. This is a lesson. And this

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is a lesson in the laws of inheritance.

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The scope that Allah subhanho wa Taala has permitted he says, up to one third of your wealth, let's listen very carefully, up to 33.3%, recurring up to one third of your wealth, you are allowed to bequeath it at your discretion on conditions. And those conditions are as follows. Let me repeat that, up to 33% of your wealth, you are allowed to write it for someone whom you desire on condition, that it is not a person whom Allah has already given a shape, like your son, your daughter, your father, your mother and your spouse, you are not allowed to change that shape, neither decreasing, no increases, but a person who's not going to receive anything. Let's say for

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example, you have a relative, or you have a son, who's not a Muslim, and you are a Muslim. Now, from the laws of Allah subhanho wa Taala, that child who is not a Muslim, will not receive anything, but Allah allows you to give them something at your discretion, up to 33%, which means the entire bequest must not exceed 33%. So now you can right there to say, Look, my other sons and daughters who are Muslims, they will receive so much but I accepted Islam, the son of mine did not. I tried with him and so on, I still feel he's a good child, I'd like to give him 5% of my entire estate, there's nothing wrong with that. He will get it even though he's not a Muslim. Why because that

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Allah left at your discretion, but if you did not write it, he won't get it. Because Allah says, whether you write or you do not write, we will distribute your estate, all of it. But if you have written up to 33.3%, you are allowed to state whom you would like to give wealth to maybe you had a maid who worked very hard, and she accepted Islam and you would like to acknowledge it by writing when I die, give her 10,000 grants, there's nothing wrong with that. You want to give 10,000 grants to a Masjid, you want to give 100,000 grants to an orphanage, you want to do good deeds, for as long as that amount does not exceed 33.3%, or the entire amount does not exceed 33.3%. You are allowed to

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write it down and to request it and requested. May Allah subhanho wa Taala grant us understanding. Let's move a little bit further.

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So now this is regarded as what is known as well see, yeah, well, sia means the bequest that is the third thing that I have to fulfill on behalf of the deceased if I am the executor of that particular world. Or if I am the guardian of the person who's passed away, or if I am the person whom they have left behind. May Allah subhanho wa Taala make us all strong.

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Now, if a person has written more than 33.3%, for someone, then it is the duty of the person who is executing the will not to fulfill it all, meaning not to fulfill it more than 33.3%.

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And this is something we need to understand because if that person did it intentionally, they will be punished. And if they did it out of error, you need to rectify the error. And if they did it intentionally, over and above the punishment, if you rectify it, there is a chance that Allaah might forgive them. And this is why we say let us not punish those who passed away from our families who have written wrong wills go and correct it. Remember one thing that is so beautiful, all the schools of thought are united when it comes to the laws of inheritance, the basic principles of the laws of inheritance, all the schools of thought all the must haves and all the different types of the

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Muslims agree to that because the details are in the Quran, there is no ways that we are allowed to sway this way or that way.

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Say for example, a person has an illegitimate child may Allah protect us all. The illegitimate child will not inherit because they are illegitimate. They will not inherit from the portions that Allah has decreed. But Allah subhanho wa Taala gives you up to 33.3%. And from that you might decide to write to give that biological child a certain amount and they will get it they will receive it, if you've written it, even if they're illegitimate and even if they are not Muslim, even if they are not related to you in any way. Now Allah subhanho wa Taala grant us that understanding. So if you haven't written anything the illegitimate

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child will not get a penny. That is why it is important to write it down and register it with your lawyer or the accountant, with the High Courts and so on depending on the law of your land. And it's important that anyone who has any amount of wealth, you need to write down what you'd like to do with that wealth. If you are living in a non Muslim country, it is very important that you visit the alama you go and see the forms that you have in order to fill them properly, so that your will can be written and registered with the with the courts of this land, so that the day you die, it will be executed islamically because we are not living in an Islamic country. So we ask Allah subhanho wa

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Taala to grant us understanding. Now let's go to the first verse.

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The first verse connected to the splitting of wealth. And Allah subhanho wa Taala speaks to us very beautifully. And in fact, before he before I mentioned this first verse, there is one more very serious point.

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The laws of inheritance are the only laws where Allah subhanho wa Taala says, Whoever does not fulfill these laws, they will go into jahannam into Hellfire forever and ever.

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Why am I

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doing that who uses in hoonah on holiday? Fie, ha Wallah who,

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whoever does not fulfill these particular limits of Allah Subhana Allah to Allah, the decree of Allah regarding the laws of inheritance, Allah says they will go into Hellfire forever and ever and that will be a severe punishment for them. Now, the mufa serien have interpreted it in different ways. You and I know that a Muslim will not be in Hellfire forever and ever at some point they will come out so why is the term forever and ever used here? Number one, some of the Allah mercy it is to show you the long duration of the stay in jahannam in hell May Allah protect us. The others say that because there are verses of the Quran that explicitly mentioned the portions. If you did not give

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one portion to one person you lost your Islam and your Eman and you're no longer a Muslim. Because to deny one verse of the Quran you lose your holy man. And if you've lost your Eman, you can now fall into the category where Allah says go into jahannam forever and ever. Now Allah subhanho wa Taala protect us. This is so serious that the Sahaba the Allahu anhu used to make sure that they split the inheritance to the tee and whenever they were told something whenever they were not sure about something they went to ask the most knowledgeable and whenever there was a ruling made they followed it to the tee because they did not want a few dollars and a few grams of gold and a few

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ounces in this dunya to result in them going into hellfire. Now Allah subhanho wa Taala protector so now let's get to that verse. Allah says,

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you see como la movie, oh la de la Karim is know how

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a lien. Allah commands you. Allah instructs you he makes it obligatory upon you. It is compulsory upon you, that your children, male and female, they get your wealth after your death in such a way that the male child will receive double the share of a female child, that is justice Allahu Akbar. Now let's pause there for a moment, the male child will receive double that of a female child. So if there are $75,000, the male will get 50,000 and the female will get 25,000.

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Many people might be thinking that is not fair. Let me explain to you today that is the most famous judgment that is honoring a woman beyond what myself and yourselves could have comprehended had it not been for the explanation of the Creator. Let me now explain to you they are non Muslims. And they are some Muslims who are weak who don't have knowledge, who say how come Islam This is a woman by giving her half that of what a man gets when they are both equally related to the decision? The answer is no. To a fool. It might seem for a moment, may Allah protect us that the woman has less but to an intellectual who has studied Islam, he will know that that means a woman has more. Let me

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explain to you she got $25,000 and he got $50,000 I am telling you properly from knowledge that she has more than him. Now let me explain. And he will smile when you hear. Hello.

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I told you moments ago that a woman she has no financial obligations at all, no obligations at all her food, clothing and accommodation is whose duty the closest male

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relative. So when there is a brother and the sister, who is the closest male relative, the brother, the 25,000, she got his only hers extras for cosmetics and for doing whatever she pleases and for saving and investing, whereas the 50,000 he got, the poor man has to look after his wife, he has to look after his mother and the same sister who got 25,000 and himself and his children. Now there are eight people sharing the 50,000 and her 25 she is the queen. She is the queen, sitting back relaxing, buying all her cosmetics and enjoying life. So Hannah law, and she still goes to the brother and says, hang on, I got my 25 but I need you to pay my rent here. Allahu Akbar, the man

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says, but I only got 50. Now you tell me who got more. So let us understand if the closest male relative is not fulfilling his Islamic duty? Why must you blame the Islamic law for what? And this is why let's move to the next part of the verse powerful Allah subhanho wa Taala is the creator. He says, I know how this wealth should be distributed fairly. And what I do is the most fair and it is the most protective over the females listen to what Allah says.

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if there is no son, and they are two daughters or more than two daughters, then they must get two thirds of the entire estate Subhan Allah that is the biggest share you can ever hear of when it comes to the laws of inheritance. Two thirds is going to these two daughters because there's no son, why did Allah give these girls such a huge share? No male ever gets two thirds. It is only two sisters if they are the closest to the deceased, or the two children, the two daughters if they are the closest to the deceased, and there is no equivalent male relative with the same link to the deceased, then they will get two thirds of the wealth. Do you know why? There are many reasons One

00:32:07--> 00:32:50

of them is the minutes you don't have a person who is a male related to the dead person with a similar link as you and you are a female, there is a chance that the closest male relative to you might not really look after you properly. So you need more well Subhan Allah Subhana Allah. So now the closest male relative is an uncle. So Allah says no, hang on, the uncle must look after you. But still we want to give you two thirds just in case Allah protect us or Subhana Allah. And that two thirds is a large amount. It is the biggest share that is ever spoken about in the laws of inheritance in Islam, it is for females. Then Allah subhanho wa Taala continues. I'm sure all the

00:32:50--> 00:33:28

women must be smiling Subhana Allah, and they must be thinking, not how big the shear is, but how they're going to go to all the men and tell them hey, my food, my clothing, my accommodation, your responsibility. Remember one thing and this is on a serious note, but also on the life note. You can't come and claim rights. You owe me accommodation. I'm going to VNA every night you need to pay the bill. And you owe me for example food so I'm going every day to eat out at Nando's Subhana Allah, so you need to pay my bill. No, he needs to pay what is reasonable according to his capacity and according to the level that is known within the area that you are living in within the families

00:33:28--> 00:33:35

you are living in. Now Allah subhanho wa Taala grant us understanding. Now Allah continues, Allah subhanho wa Taala says, What

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can I do?

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If she is just one daughter, one female, one daughter, or the closest child, the closest female child to the deceased is a sister just one, she gets half of the wealth, half of the entire estate 50% that also is one of the biggest chairs it is the second biggest chair that is ever spoken about in inheritance. So panela take a look at that. Look at the justice of Allah subhanho wa Taala. And why? Because again, if she is one, she needs some wealth, they might be a person who is close to them as a male or the closest male relative who might not be fulfilling their duty, like what is happening on the globe today. In the Western cultures, they have now enslaved a female and told her

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No, you must go out with what's the idea. They are fooling the female. You must go out to work, you must earn money, you must have your own wealth and so on. Then when it comes to the rent, they say 5050 Allahu Akbar. Look how they ran away. When it comes to food, they say you must chip in 5050 whereas a Muslim male with a Muslim female, he must say Listen, if you work, it's your money. I am still responsible for 100% of the food, clothing and accommodation if you want to help me, it's your goodness. If not, then it's still your right and Allah subhanho wa Taala grant us all comfort in our homes and contentment.

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This is why let's not be fooled by all different cultures and modernization that come to us from behind the brain, not from in front of it. They come from behind the brain, and they con us telling us you know what, you are not treating your females equally. In fact, today I was contacted by someone saying they read an article where it was written that the Muslim females are putting bags bin bags on their head, and they are made and subjected by their males to become little tools and objects and they are oppressed. Allahu Akbar, I would not even responded to something of that nature because they know they just want fame and glory. Those who want to attack Islam nowadays they want

00:35:42--> 00:35:56

fame and glory. They know that their own daughters are thinking about converting to Islam, and this is why it's becoming dangerous for them. So this is the only way someone sent me an email very interesting. They showed me and this is very, very interesting.

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They say when a woman covers her nose and her mouth, then they say she is oppressed. And they say it is haram and they want to prohibit it in certain countries. Allah sent a swine flu where the whole world is covering their mouth and faces and even men are now in nikka.

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So Pamela, anywhere you go, you see them in niqab. Allah is punishing them to say, you want the women not to edit we will force you to edit. Now Allah subhanho wa Taala protector so

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that is the power of the Creator. And people don't even realize and they don't understand. Now when the doctor comes with that mask, tell him doctor, is your wife oppressing you.

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So here we have the law of Allah subhanho wa Taala. Allah subhanho wa Taala tells us very, very clearly that these women folk they are meant to be looked after. If they are not being looked after. Don't blame the religion, blame the individual, blame the situation. Now Allah subhanho wa Taala grant us all understanding.

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Then Allah subhanho wa Taala speaks about the parents I've spoken about the children. Now let's speak about the parents. Now if there is one son, single sun alone, he will get the remainder of the estate after the dues that are fixed by Allah subhanho wa Taala. That is why the one sun alone is not discussed here. Because if the sun is alone, or there are two sons, they will share it equally. There are three sons they will share it equally there are three sons and one daughter, what you do is you count two shares for every male and one share for every female. And you will then have six plus one seven shares, you divide that estate into seven and you then give two shares to every male

00:37:38--> 00:37:47

and one shake every female. Now Allah subhanho wa Taala has a deep understanding. So Allah subhanho wa Taala says Wali Ababa II

00:37:49--> 00:38:13

mean whom as sudo Swami Madoka, Gan Allahu Allah, the parents will receive one six, the parents will receive one six each, if the person who died has a child, that is very simple look at the justice in it. If the person who died has a child, the child needs to get something so let's give the parents one six each, because they also deserve something.

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But if there is no child, then the mother will get one third and the father will get the balance after everybody gets SubhanAllah. Why? Because they don't have a child. So who is the next closest? The parents, the strongest link to myself and yourselves when it comes to the laws of inheritance your children they are the strongest link

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when it comes to the laws of inheritance. Thereafter, your parents that is the next link Allah subhanho wa Taala speaks about it. And Allah subhanho wa Taala says, For Illa mia kulambu

00:38:50--> 00:39:19

me solos, if the man or the person who passed away does not have a child, and the parents are the ones who are inheriting, then the mother must get one third, the father will get the balance, the mother must get one third no longer 1616 is a smaller portion. That is when the man has a child or when the deceased even if she's a female has a child. But when she doesn't have a child or he doesn't have a child, the mother will get one third and the father will get the balance. Then Allah says

00:39:20--> 00:39:23

for Ghana, oh,

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family means pseudos. And if the deceased person has brothers or sisters, then the mother will still get one six.

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The mother will get one six. Why? Because now the brothers and sisters come into the picture. If they don't have children, they've got parents and they have brothers and sisters, then the mother will get 160 and the brothers and sisters will then come into the picture. They will then share the balance We ask Allah Subhana Allah to Allah to protect us all and to make us from those who not only understand these rules

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But to apply them and put them into practice, let's move further.

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Allah subhanho wa Taala speaks about the husband and the wife, he says. And before he says that, he tells us, you don't know who is closest to you in benefit from your parents or your children. You don't know who's going to die first, your son might make you a rich man. When he dies, you might as well and it might be the other way around, you might die before him. And Allah says you never know who will benefit you most.

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

Your parents and your children you do not know who are closer to you. In benefit, we ask Allah subhanho wa Taala to protect us. Let me show you a few points that are mentioned under this verse.

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Sometimes a person has five sons, just an example. And four of them are with him. They listen to him, one has never asked about him gone away, got married to a place the father wasn't happy, and possibly was swearing the father and cursing, maybe even had a few bad habits here and there. And the father comes to the Lama and says, I want to block this son from getting anything because he is very, very disobedient. That is completely Haram. It is forbidden, didn't I tell you moments ago you don't decide who's gonna get Allah decides. Allah subhanho wa Taala decides, you will not block your son or your daughter, even if you don't like me, may Allah protect us. You cannot block your father

00:41:34--> 00:41:50

or your mother, even if you don't like them. You cannot do that. You cannot block anyone Allah has given even if they are your brothers and sisters, in the case where you don't have children, even if you don't like them, they will definitely get a Shea if Allah has written it, whether you like it or not.

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And this is why what happens sometimes is the four are very, very nice, because they know dad is very rich. As soon as he dies, I'm going to be a millionaire. So let's be good to him. So they're very good. That one he says, Listen, put dad in his place. I'm not worried no matter what whether I get the money or not. If dad is committing a sin is committing a sin, I'm going to speak out and I'm going to say things. May Allah subhanho wa Taala protect us. So what happens, the father then wants to stop that child but the Allah guide the father and say, No, you cannot stop the child from inheriting the day the father dies, those four will be happy enjoying the wealth, this one here

00:42:24--> 00:42:57

might be the first one to raise his hands to say, Oh ALLAH forgive my father, that one is better than what the other four have ever done for that Father. So Allah says you don't know there is a chance that that child you don't really get on with might be the only child who will remember you for long and long after your death. So that is why be fe when it comes to your children even after you died. If the problem is solved, at that time, only Allah knows and Allah is the one in charge. Allah is the one who owns the huts, Allah subhanho wa Taala, God does a balance and make us from amongst those who are fair, and just at all times.

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So now, let's take a look.

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Sometimes you have people who say no, I would like to sort out my money and my wealth now. So that when I die is no problem, no fighting, that's fine. But what that would entail is as follows. You would have to take all your wealth, and distribute it evenly between the males and females and give it to them and make them the owners of it in such a way that you have nothing remaining, not even a house to live in. Then you tell your son, listen my son, out of your goodness, can you keep me in your house until the point I die? The son says no problem that sometimes the sons might say that this is the door. If they say that, then some had a lot of data has to go out the sun will be

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punished for not having looked after his father ba Subhana. Allah is he's right. He's got the wealth if the father is being a pain and interfering in the life and that is a problem that many young couples face interference from parents on both sides. That is what is destroying marriages. Many times marriages are destroyed not because of husband and wife because of fathers and in laws and mothers and mothers in law. May Allah protect us. Not all the time, but many times this is why do not interfere in the independence of your children. The only time you interfere with a married couple is when they are turning away from Allah subhanho wa Taala whether they attend to function or

00:44:17--> 00:44:52

not is none of your business. If they say Ma'am, we don't want to attend this. They don't have to. If they say we don't want to come here we don't want to eat together. No problem. Don't hate them for that. It's their right. If they say we need our privacy, they are given that privacy by the Creator. Let them live their life. Why do you want to interfere and destroy people's marriages. Now Allah subhanho wa Taala makers, parents and parents in law whom our children and children in law are proud of, and not those who are kissed every time the daughter in law raises her hands Yalla Yalla take my mother in law away Allah. Malakal mode came the angel of death came so much in our area Yama

00:44:52--> 00:45:00

you missing this address Yala. I want to tell you it's number 56 sha Allah, Allah subhanho wa Taala protect us so we

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Don't want this to happen. Live your life in such a way that people adore you. The way they are going to adore you is given them their freedom Subhana Allah allow them to live. And this is a powerful message probably extremely strong. I'm sure a lot of people suffer this because as a counselor, we go through so many things. We know exactly which buttons to press when we have to press them. Now Allah subhanho wa Taala, grandness, all protection and understanding. I see a lot of the young people smiling, I don't know whether it is a difficulty or whether it is an ease. Now Allah subhanho wa Taala grant us all goodness in Sharla. So if a person then distributes his wealth,

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he is not allowed to say right I'm giving you this house, you will get that property you will get this you will get that when I die, you must take it. The minute you say the word when I die already, you have no more say Allah has the same. So if you want to give give it now and give it to them, make them the owners of it in your life in such a way that you have nothing. Or if you want to connect it to your death, then you don't have a say you can't say when I die you get this you get that you get this you get that? No. It's Allah subhanho wa Taala. Who decides? May Allah subhanho wa Taala grant us all protection and understanding.

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Let's move further. Allah subhanho wa Taala tells us as husbands, Allah says, while akunis mataranka has to come in lamea cola

00:46:19--> 00:46:37

for you is half of what your wives leave, if they do not have children, if they do not have children. So if your wife doesn't have a child, she passes away, you get half of her estate 50% in Islam, if she has a child, Allah says, for Canada,

00:46:39--> 00:46:40

Salah como,

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Allah says, if they do have children, then you will only get 25% of the entire state, not 50 because we need to take consideration of her children, you as a father might get married again. And that step mother might not be as kind as the real mother of those children. So we now need to give a share to those children even though you as a father of our life Subhanallah look at how Allah has protected everyone and now people want to save the most of inheritance or not Fei Subhana Allah May Allah Subhana, Allah grant us understanding. Some say when that when the spouse dies, the other spouse must take everything that is also oppression because what happens to the children they also

00:47:23--> 00:47:41

need a financial backing. They also need something now Allah subhanho wa Taala really open our eyes to the truth. And may He guide those who don't know the details of Islam and the Quran, towards this Koran and towards Islam. It is definitely full of justice. Listen to what Allah says thereafter. What

00:47:44--> 00:48:07

rockstone in lamea Kula kumala, for them meaningful the wives is 25% of your wealth when you have died if you have no children. So you have no children, you pass away your wife gets 25%, one might ask what happens to the rest, don't worry about what happens to the rest, it's not coming to you. You have died. grandpa's understanding.

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Rather, what happens to the rest is it goes to the others whom Allah has given the shares the Father, the mother, the brothers, the sisters, at times, depending on who is the closest and so on. Then Allah says, for you.

00:48:30--> 00:48:36

And if you do have a child, then your wife will only get 12 and a half percent, which is one, eight.

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Because your child also needs to get something because that wife might get married. And who knows that husband might not financially support your child, though the mother is still alive. So Allah says we want to protect them, hold that wealth. And remember, never cheat the person Allah subhanho wa Taala grant us understanding.

00:48:55--> 00:49:09

Now we've got another issue. A person passes away. They don't have parents, they don't have children. Now what to do? Allah subhanho wa Taala discusses this. They don't even have brothers. They don't even have sisters. Allah subhanho wa Taala talks about this. Allah says

00:49:11--> 00:49:13

we're in Ghana.

00:49:21--> 00:49:22


00:49:24--> 00:49:26

Mae in home so those

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for whom Shoraka with oh noes, Allah says if a person passes away, they have no ascendance, no descendants, but they only have a step brother or sister from the mother. Then that brother or sister from the mother, if they do have that will get a six if they are alone, and if they are more than one then they will share one third. Now the question comes obviously

00:50:00--> 00:50:03

This is about a step brother and sister from the mother.

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What about a person who's got real brothers and sisters so they don't have mothers and fathers or they don't have children, but real brothers and sisters, Allah says at the end of suatu Nisa, very beautiful. You see these verses at the beginning of Surah Nisa, then Allah subhanho wa Taala speaks about so many other rules and regulations pertaining to women in that same surah. And right at the end, he ends with another rule about inheritance. Do you know why? Some of the some of the seeds say it is because when the men and when the Muslims read Surah Nisa, they will read the laws of inheritance, it will wake them up, but by the time they read all the other things, they might become

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oblivious of it. So Allah says at the end, we put one more verse to remind you of everything else that went back lavaca. So that's why when we ended the surah, we end with one more verse to tell you Listen, don't forget what we just told you. Love. Listen to what Allah says. Yes, Steph tuna, O Muhammad sallallahu alayhi wa sallam, they asked you They asked you a decree. They are asking you a question about what about a person who doesn't have children and doesn't have parents? Coleen law we have to convene kelela anymore on Haleakala is Allahu

00:51:16--> 00:51:18

Allah Han is format Allah.

00:51:19--> 00:51:45

Allah says Allah will give you the ruling about Allah Allah. What is the meaning of callala? Listen very carefully. The Arabic sounds very interesting. Mullah Walla, Walla, Walla Walla, a person who has no children, no parents, that is callala. That is a person who is callala, male or female. So what if a person has passed away as calella, meaning no children, no parents.

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Allah says, if they have a sister, the sister gets half Subhanallah 50% of the wealth the sister gets, then what happens to the rest, it goes to the nearest now the uncles and aunts come into the picture and so on, we're not going to go into that detail, because we've only got one hour to speak.

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And Allah subhanho wa Taala says, if there are more than one sisters without any brothers, if she is a single sister without a brother, she gets half of his wealth of the brothers Well, imagine the sister can inherit from a brother if she is the only relative and the one had the brother has no children, no parents. And then

00:52:25--> 00:52:33

if there are more than one sisters, Allah says, For Ghana designate a Nevada home as pseudo.

00:52:35--> 00:52:48

Doc, if there are more than one, if there are two of them, Allah says they get two thirds of the entire estate who's going to look after them? But even if they're married, they're still going to get two thirds hannula What a lucky husband Mashallah.

00:52:50--> 00:52:55

Then Allah subhanho wa Taala says, what you can Oh,

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


00:53:01--> 00:53:03

Very nice. Record him if no Have

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

you been

00:53:13--> 00:54:00

in any game, if they are brothers and the sisters, then they will share it in such a way that the male will get double that of a female. And I told you that, in essence is giving more to the female? Didn't we start off like that. So Hannah law we also ending like that. Allah says, Allah has made these laws very clear for you, so that you are not led astray, Allah is all wise and all knowledgeable. So these are some of the most important rules of inheritance. Look at the detail in which the Quran has spoken about it. I think it is our duty, that after this appetizer after this appetizer of the laws of inheritance, we all make it our business to go out and learn what Allah

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

says about inheritance. We don't have a say when it comes to after this, it will happen the way Allah wants it to happen. Yes, I did tell you the one third Allah is the one who gave us a discretion with certain conditions. And this is why we are not allowed to give a person who has already got a fixed portion in the Quran. Let me mention a few more very interesting points.

00:54:25--> 00:54:40

When is a person blocked from inheriting? When will they not inherit? That's a good question. One of the times when a person will not inherit is if he or she was the murderer of the one they are supposed to have inherited from.

00:54:42--> 00:54:59

If he or she had made the one whom they were supposed to inherit from, they won't inherit. Not at all, Not in a million years. Because a law needs to protect a rich man from his own sons first before others and from his own daughters. I've heard of stories where a big lie

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

policy is taken out on someone and the sun kills the person in order to get the money from that insurance, may Allah protect us. So Allah says, if there is homicide, if there is murder there, you won't get a penny. You won't even get a penny not even around not even $1 not even a gram, Allah subhanho wa Taala grant us all protection layer is the one who kills will not inherit from the one they've killed. So that is one another issue, a person who is not a Muslim. I've touched on this at the beginning, but let me just end with it. If a person is not a Muslim, sometimes people say oh, the son is not a Muslim, the father is not a Muslim, they're not going to inherit. That statement is

00:55:39--> 00:56:25

accurate, but inaccurate, which means they won't inherit from Allah shave. Because when Allah says your sons get so much, he's talking of the Muslim sons, your daughters, your children, he's talking of the Muslims, your husband, your father, your mother, he's talking about the Muslims, if you have any of these relatives who are not Muslim, Now Allah says up to 33%. For as long as your entire bequest does not exceed 33%, you are allowed to write for them a will, on condition that it is witnessed and signed and authenticated, how much you would like that non Muslim child or parent or brother or sister to get and the total amount must not exceed 33.3%. And the last point I'd like to

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end with is it is very important that we draw up our wills very important, utmost importance. If we die intestate. intestate means without a will, then I don't know what is the law of the land here in this country. But sometimes your wealth might not be distributed properly. Let us go and attend seminars which teach us the laws of inheritance. And it is important also, when you write something down, even if you're writing it on a piece of paper, get witnesses to witness and sign. Get witnesses to witness and sign. Don't think I've told my children and that's enough, no, get witnesses, independent witnesses to witness and sign what you've written. May Allah subhanho wa

00:57:05--> 00:57:43

Taala grant us or Jenna and save us from hellfire. Remember a person who denies even one of the laws of Allah subhanho wa Taala from the Quran, may well be losing their Eman and may well be cast in hellfire. We don't want that to happen. May Allah forgive us? If anyone has usurped anyone's wealth in any way? Give it back today before tomorrow? Phone them tonight and tell them listen, my dear sister, we cheated you we undervalued the property. I owe you 3 million rands please give me two years to pay you the sister Subhana Allah might even cry and Subhana life might be the means of our entry into gender or sallallahu wasallam mobarak Allah Subhana Allah Subhana Allah will be hungry

00:57:43--> 00:57:45

Ganesha to Allah Allah Ilana saphira. Kona to boiling