Final Rights – Inheritance #1

Muhammad West


Channel: Muhammad West

File Size: 13.70MB

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Episode Notes


  • Importance of inheritance
  • Before Islam
  • Inheritance in Islam
  • Who always inherits?
  • Who doesn’t inherit?
  • Who cannot inherit?
  • Types of heirs


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AI Generated Summary ©

The importance of inheritance in Islam is discussed, including the need for justice in the face of death and avoiding violence. The speakers emphasize the need for inheritance in protecting individuals and their property, creating a "ham ham deposit" in the culture of the region, and setting up a will. The process of obtaining a well is discussed, including the need to ensure debts are paid before giving them to anyone and avoiding dates. The speakers also emphasize the importance of distributing birthday money in a fair and equitable way.

AI Generated Transcript ©

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Hello Mr. Donald James Miller man Rahim al hamdu Lillahi Rabbil alameen wa Salatu was Salam ala Shafi mazzani so you remember how many months early he was happy as mine My beloved brothers and sisters in Islam is now Maalik mark with law he will but I get to always if we will begin with the praise and thanks for the last panel with Allah, Masha Allah, Allah Allah we will witness that none has the right abortion besides the last panel data. And we've seen our loving greetings and salutations. So beloved Nabil Mohammed sallallahu wasallam, to spice up your family to the Sahaba and to all those who follow his soon until the end of time I was paranoid Allah bless us to be

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amongst them. I mean, ml was paranoid Allah allow that this lecture finds you and your family, your loved ones, your friends, in the best of human and health and in goodness, malice, Pandora keep you and your loved ones safe. MLS panatela graci fire to all those who are ill, Allah subhanaw taala make it easy for them during this difficult times. And for those who have passed on malice, panatela Grandmaster general for the dose and grant him that you would appreciate it. I mean, I mean what hamdulillah today inshallah we are going to discuss a topic that is morbid, a topic that is not a positive and upbeat, something which we don't want to talk about. But it is something that is a

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reality for each and every one of us, every single person, this topic applies to each and every one of us. It is this topic within me so solemn, say this subject matter where the promises are and says that this is going to be a subject that every single person should try and learn. And the person said, He's worried because I will surely be taken away meaning that before I leave, with all the Sahaba learns knowledge from me, because it is so important, in fact, that is also Lim said about this area of knowledge. He said that it is half of all knowledge that half of all knowledge is encompassed in this, this science, and he said sallallahu sallam, it will be the first part of

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knowledge that is taken away from my oma. It is the first part of knowledge, the first type of knowledge that will no longer be implemented and will no longer be practiced. What are we talking about panela we're talking about inheritance, the laws of inheritance in these Hadith the prophets of Salaam said, learn the Quran, and learn inheritance. And he said that it is inheritance the study of inheritance. He says study inheritance, and teach it for it is half of all knowledge, and it will be forgotten or not applied correctly. And Subhanallah how sad it is how sad it is that we find many families, many estates many individuals at war with one another, over a matter that is so well

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defined, and is so well discussed by the Sharia, Subhana Allah to understand the importance of inheritance and the clarity of inheritance. Allah subhanho wa Taala had gone into so much detail describing the shape and the portion of every person that needs to inherit more than he described the number of records in each order. We don't have in the Quran, how many records they are for Margaret, or ishai, or budget, but we know how much a daughter would inherit how much sisters would inherit how much parents would inherit Subhan Allah, this shows you the seriousness with which Allah subhanaw taala has made it when Allah has dedicated large chunks of Surah Nisa with the purpose of

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explaining inheritance. Many people, not Muslims, when they study the laws of inheritance, and they consider that these laws were compiled 1500 years ago. And if you think about the South African laws of inheritance, which is the act, the inheritance act was around 1960, odd Subhanallah not even 60 years ago, 1500 years ago, Allah subhanaw taala had laid down a very, you know, perfect system of inheritance, so much so that any you know, the people who studied the laws of inheritance from an Islamic perspective said that this is the most advanced system of inheritance the world had ever seen. So behind Allah, and so we have this great legacy. And why did Allah subhanaw taala go into so

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much detail and why has Allah made it so important? Of course, it is to protect us, and to make sure that it is a guidance for us before Islam. Before the laws of inheritance were were stipulated. There were no rules. And we know in all societies, people were oppressed. People were oppressed with regards to inheritance, they were deprived of what was owed to them. They were the strong would take from the weak the elders would take from the children and SubhanAllah. In most cases, you would find the biggest losers were the ones most in need of inheritance, children, orphans, women, these were the people that were deprived the most In fact, before Islam, as we know in Arabia, not only the

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girl, the wife, the mother, the daughter, not only did she not inherit anything zero, she got zero. She was in fact property that was inherited. She was property that was inherited. We know Allah says in the Quran in Surah Nisa, verse 19. Oh, you who believe Yeah, it will live in Arma no lie Hey Lola, calm and telephony, sir a Quran that it is not permissible for you to inherit women against the world. And as we mentioned many times that when a man would die, then his brothers or his uncles would take his wives and his daughters as part

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of inheritance. panela. And this was understood why cuz she's like the camels. She's like the sheep as the sheep go, the women go, and the women would be sitting down crying because the Father, the husband had passed away, and the main folk would walk by them, and they would bring the cloak the clothing, and they would, they would touch a woman with that it means she becomes my property, and she had no say in it. This was before Islam. When Islam came, Islam came to stipulate. In particular, when you look at the fractions and the proportions that Allah Subhana Allah gives, it is most of the time with the exception of one or two, it is for the women, Allah and Allah stipulates

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what the daughter must get what the mother must get, what the system has good spinal, what the wife must get. SubhanAllah and if we think that this is just Arabia, consider this 1870 1870 in the UK, in England, was the very first time women could own property. 150 years ago, women could inherit nothing, not only could she not inherit, she couldn't even own property. But if she acquired property, if her parents passed away and left her some property, it became the property of her husband, Subhan Allah, this is 1870, only 150 years ago in the UK in the Western world, and we 1500 years ago have this amazing legacy of justice, of our rights in which Allah has preserved for

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everyone for men and for women. And someone might say it's upon Allah, you know, a Muslim, without a man wouldn't say this. But if one were to ask, why should Islam Why should the Sharia tell me what to do with my wealth? I know which of my children helped me the most which of my children I love the most? Why should I give some of my wealth to this person who we haven't spoken to in such a long time? Why should you know my wife only get X amount and this one get that amount? I worked for the money it's my money. So I should get to say where it goes. The reality as we know spawn in LA, in 90 la you are in LA Raji on we and everything we own belongs to Allah. And everything goes back to

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Allah, we go back to Allah and the wealth he gave us will go back to Allah. We know without a shadow of that the way we entered this dunya we're into the studio with nothing. We came from our mother's wombs, naked, alone, not owning anything, not knowing anything, and we will die like that we will be buried, basically just a calf. And the only reason why we having a coffin is to honor our nakedness. And we will have nothing to our name. And so Jeff Bezos, the wealthiest people on the earth, as they started in life, they will in life and everything in between is just temporary. This up and down your bank account going up going down is only temporary and so Allah gives on loan to every one of

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us something when he takes it back and he gives it to someone else because all of this belongs to Allah subhanaw taala also, when you die, that money as it goes back to Allah and Allah distributes it is not yours anymore. You don't have heart in it you don't have a say it just as I have no say in my neighbor's what he should do with the money in his bank account. When you die you have no say in that money because it belongs to someone else. It's a shear which Allah has ordained. Allah says literally Janina Cebu woman Matata Qawwali Danny will occur a boon while in Nisa in acebo minmatar Qawwali Danny will occur a boon Mima Allah Manu o cathode nasima hula, Allah says that for men,

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there is a sea che in what parents and relatives leave them in terms of inheritance. And for women, there is a share which Allah has stipulated for them which their parents and their relatives leave. Even if it's big, whether it is be small or big, whether it's a lot of money or little money, that she is an ordained shemini. Allah says naseeb and muffle Robo, it is felt that this must be given out in this proportion. You and I don't have a saying that, just as we have no say in how many Raka asthmas. Before 5g Omari, we have no say in how our inheritance must be distributed. We only have a small, small percentage we have 1/3 where we can say something we'll talk about that in sha Allah.

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And perhaps to really understand this, Allah says to you and me about will come webinar will come later owner au Accra Bula kunafa for Rita tamanna law in the law, Kenya element hekima for Allah saying, Why Allah has stipulated. But if you have three children, and you living maybe with your daughter, and she has taken care of you, and she's so lovely, and you very close, and you have sons that maybe when you have a daughter that you will not so close with, and then you have a son who hardly visits you, Allah says that son will get more than the daughters. Why Allah How is it fe? Allah says you don't know about okuma now for me, you do not know which of them whether your parents

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or your children which child which is better nearer to you in benefit, you don't know spam, Allah says you don't know. But Allah knows and he has made this and attainment by Allah. And Allah is all knowing and all wise everything Allah says Allah decrees in the Quran is with wisdom and with knowledge. And so part of our Eman is we submit to Allah, I don't know what is best for me, you know, and so we defer the matter to Allah subhanho wa Taala and so insha Allah

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Up, when that day comes, and we pass away my last pantalla grant all of us a beautiful death to die with the kalama upon our, our tongues, we have the last rites that we should do of the last tests that we should do is to ensure that we have our finances in order, and that we should have a wall in place that would ensure that our, that the, the money and the wealth that Allah has entrusted with us, is given over in the proper way. So think about wealth as a trust, you know, trust, meaning it doesn't belong to you, you are just holding it for, for the true owner. And so in life, Allah subhana wa tada thesis, he puts this wealth in our hands, we don't own it, we can use it in a

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certain way, Allah tells us what we can use what we can use, and we should ensure that when we leave this dunya, it returns to who it belongs to in the correct way. And when we meet Allah subhanaw taala, we can say, Allah, that which you entrusted with me in terms of wealth, I have done so from my part. And then Alhamdulillah we passed the test of money. And so before we pass away, it is incumbent on us to support and for all of us to draft a well with her as Allah said with it, it's small, you have you feel I don't have a lot of assets, I don't have much insha Allah put that in the wall. And if it's a lot, then of course, it's even more important that we should draft a will insha

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Allah with this lecture with the slides, we have shared a template of a Sharia a will. And how do you draft an Islamic world really doesn't not very complicated. And you see the form is with you, you can just fill it out. Basically, you will state your name and your ID number. And you would say that this world will be distributed in terms of Sharia law, you would also appoint someone called an executor, and executor is the person who will ensure that your will is fulfilled. So you have a well you pass away, who is there to make sure that everything that you put in that world is done. This person is called the executor. It could be a relative, it could be someone that you trust, it could

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be an accountant, whatever you feel comfortable, it can be one of the ears as well. So your eldest son, maybe you can make him the executor if you trust him. And he's reliable. When insha Allah, that person, you inform them and they sign as the executive. And you have two witnesses that you know, witness this document. And you put a date in here and you say that there is no any other world that was previously drafted, is now null and void. And insha. Allah, this is a very basic Well, there are certain things you could also put in the world, as we'll talk about bequeaths when you can stipulate certain certain things of your, of your estate. So the first thing is the first step in the process

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is a well needs to be draft. And then in July or in a law June after you've, you've drafted your will and insha Allah many, many decades after you drafted your well, and you updated it as you went along, you then passed away and him Allah grant us to pass away in goodness. Now the executor who was in that, well, you put that person in charge male or female, he or she now takes almost control of your estate, they try to collect all the assets which belong to you. And they try to ensure that all the debts that you owe date with the loans or outstanding amounts that is owed, they put this down to make a note of it, the first thing they will do is ensure that whatever money is needed for

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your funeral, for your other, for your coffin, for your for the cat or whatever it might be, these things must be paid out of your estate. Or if someone else would like to pay as a charity, no problem. But the first thing that must be done is that if no one is paying for your medical expenses, then the money comes out of your estate, the next thing of your left over money, all the debts that you owe must be paid out before we can give any inheritance. We need to make sure people that you owed, they are paid paid for what you owe, you know, span Allah, we live so much indeed our houses on date our cause, or indeed our clothing is on account Subhan Allah, the prophet, also known

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as we said this many times when he would come to a janazah and he would about to pray the gentle salah and he would ask businessmen or any any debts and they would so how would so yes, he has outstanding debts, and the person would leave you say you make solid on your companion and you would leave and as he's walking away and Sahaba would cry and you have Sula, please make Salah on him. I will pay his debts, I will cover his debts. And then the prophets of Salaam said now he has become cool meaning now he saved. This is halaal that we're not talking about the rebar or anything that is 10 million times worse, where you owe a date a haram that this is a heralded but Subhan Allah, he

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has not sorted out his dates in his life and his estate is not enough to cover his dates. And so someone is shortchanged here, and this is a mosquito, this is a big, big problem. And so we should always ensure that if we can avoid date when it is the best thing to do, and Subhanallah not borrow what we don't need and not purchase things that we don't need. Then of course, besides dates to people, you might have dates or into a loss or hedge that you never had done. And you might have an excuse but you never had done so and so a portion must then maybe be put aside and say look, this uncle never performed Hajj. Maybe he can appoint someone to perform Hajj on his behalf but

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They've got some money. And so then this is the debt owed to Allah is a Qurbani that you perhaps have to do whatever it might be. And so there are debts owed to Allah subhanaw taala as well and those needs to be made note of. So, first thing is we have your assets, then we deduct your funeral expenses, then we deduct all the debts that you owe now, Alhamdulillah tabarrok Allah, you still in positive you still have some extra over. Now, this remaining portion, this is your residual estate, you have in that estate, you may bequeath bequeath means you may make a sadaqa a charity of up to 33% or 1/3 of that amount may be given at your discretion and you can make a bequeath. This is

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called the wasI. This is called the overseer almost it's the instruction of the one who passes away. Now, this is the only thing you get to put in as your instruction everything else it's determined already as panela Alessia if you look at the Quran, when Allah speaks about what's here, it's not only money was here is also many times it's the last advice that a parent would give Yahoo before he passes away. He is on his deathbed. And he speaks to his 12 sons. He's giving them our sia, we asked him, What are you going to worship after I die, this is the most important thing, you worship Allah alone. And so many of the son of the pisp diseases, they will put our car to be read to the

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relatives, advising them and encouraging them, especially with a father and you know, a senior figure of the family. And now he's giving them advice about life and the importance of life. And so this was he is very good for us to make our car to our relatives. But then in terms of our wealth, as we said, we can stipulate 1/3 of it to be given to someone of our of our choosing, but there are rules that we said rule number one, it cannot exceed 1/3. So you can't give more than 33.3% of your estate. And in fact, if you were to give the 1/3 it's not even good because one Sahabi he wanted to give all his wealth in charity. And then obviously he said, No, it's too much rather give to your

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family. So he wanted to give a half. And then obviously he said no, not half less than that. And so then he said, Okay, I'll give a third 1/3. And so then I said, Okay, 1/3 is fine. But a third is a lot, it's still a lot. Rather, it is leaving and in the provinces, leaving your as your children, your parents, financially stable is better than having them beg for money, it's better to take care of your family. And to take care of those outside. If you have money. Of course, it is better to ensure that your relatives have, but also at the same time. The reality is as sad as we are during the death of a relative a parent, chances are that your money, your wealth, your kids are not going

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to make too much sadaqa for you that money is going to get used. So it's your last opportunity to make a sidecar. And so be wise, make some sadaqa for your own benefit and take care of yourself as well as your last opportunity to make a charity. But also remember, even your money going to your children and your family is itself a charity. Number two, so the first thing is going to be more than 1/3. The second thing is you cannot give an A you can't make a was here to an A. So for example, you say look, I have two kids, a son and a daughter, by the rules of the Sharia, I know my son is going to get double, right? If I have, if I have 100,000 Rand, the son is going to get double

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of what the girl is going to get. Okay. And so you might say, Okay, I'm going to make our sia to her, but she gets an extra amount. And so then it becomes 5050. You cannot do this, the Hadith says there is no was a year to when a if someone is going to inherit from this estate, when they cannot get overseer. If there is someone that is an E, but they're not going to inherit, for example, and we'll get back a little bit more into details. But if you have a parent and a grandparent, so parents will inherit before grandparents. And once you have a parent, when the grandparents automatically get blocked, they can't inherit now. So yes, your grandfather is an A to you. But in

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this scenario, he's not going to inherit, he can get a car, maybe you have children and grandchildren, so your children will inherit and your grandchildren will have inherit, but you feel you'd like to give a car to that grandchild that maybe you had a child that passed away, and they have kids, and so then you may give a car to them. So this is permissible, but again, as we said up to the limit of 1/3. So you've distributed your funeral expenses, you've paid off your debts, you now have made overseer Alhamdulillah 5%, is going to the masjid another 2% is going to the Imam Alhamdulillah tabarrok. Allah, another 1% is going here. Once you've now you know my best friend

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that has always been with me is not an A, but I want to give him something because I was here once all this is done. Now what is left is distributed amongst the A's This is going to be distributed amongst the those who inherit and this will be done according to the rules of the shediac. So who can inherit from you? Really? Allah subhanho wa Taala has decreed that only people that you have a blood relation with people that are your blood relatives will inherit and the

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The only exception to that is your spouse, the person that you're married to, but even your best friend, your chef, your mowlana, your boss, your employee, the person you love the most in the world that is not your blood relative or your spouse, your best friend will not inherit Subhan, Allah will not inherit from you except via overseer. And so, spouses will inherit, of course, husbands and wives will inherit from each other. And then of course, blood relatives, Pamela, we can't go into too much detail in our Friday lecture. But in terms of blood relations, we know that not all relatives are equal in closeness, we will know that there are people who as we call them, they are

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close to us in the first degree, meaning between us and them, there is no middleman. So between you and your parents, there's no middle person, you are directly related to them. And similarly, your children are directly related to you. And so these are the people the ease of the first degree, and they will inherit first, when you get A's of the second degree, meaning between you and that person, the is a middleman, for example, your siblings, between that your brother is only your brother, via your parents, your grandchildren are only related to you via your children. And so these second degree is will come next. And then after them is the third degree uncles and nephews and these

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Types of A's, you get A's from the Sharia perspective, you get people that inherit a prescribed ci, so Allah has actually put the fraction in the Quran, Allah has said in the Quran, this person, your son will not your son Your son is not prescribed, it just says it's double from the daughter, but your daughter, if you have one daughter, Allah say she will get half of your estate, your mother will get X amount. So they are those those people whose fractions percentage is prescribed in the Sharia. And so, sometimes what you find is, once you give each one Vichy V is an amount left over, this is called a residual, a left over and then they are as they are those who inherit the left

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over. And the residual is always given to a per the Hadith. The Prophet Tom says, distribute the inheritance the estate to its rightful as meaning to prescribe is and whatever remains goes to the closest male relative. So if anything is left, then it goes to the closest Melly relative, usually it's the father or the son or a brother, so anything that is left and that is why any state where is no males, there's no father, there's no sun, usually it goes to a second degree a because that is the only existing a male relative, there are those who cannot inherit even though they are blood relations, two reasons why a person cannot inherit even their blood relation number one, if the

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person cause the

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disease to die, so if even by accident, so Subhanallah you know you by mistake you you out hunting and you shot your brother by mistake. Now, even though you supposed to inherit, you will not inherit because you cause the death of the of the person that is being inherited. Also, the Hadith says a Muslim does not inherit from a disbeliever nor disbeliever inherits from a Muslim. So unfortunately, you might have a very close relative, maybe even a child and Allah protect or a parent that is not a Muslim. And in such an instance, there is no inheritance between the two of you. However, the Sharia does allow you to make a bequeath even to your non Muslim, relative so the bequeath can even be

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given to a non Muslim It can even be given to span a lot like the ASPCA for the benefit of animals, to the environment for the benefit of plants. Alhamdulillah, Allah has allowed us for you. And if you receive an inheritance a bequeath from a non Muslim, you have a relative that died, you know, your uncle in Nigeria that has been trying to give you his estate for so long. You know, he's a non Muslim, but if he gives you a bequeath Alhamdulillah, the Sharia allows you to take this, we cannot go through all the fractions, as we said, but just for simplicity, in most situations, in most cases, the people that would even hit it would be your spouse, your husband or your wife, and

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there's a set portion for the husband and the wife, your children will always inherit. And irrespective of your relationship, as we say, even if it's a child that you haven't spoken to, in four years, that child will, will undoubtedly inherit as well. And your parents, your parents will always inherit. So these people are they they will inherit and they will block anyone else. Once you have children and parents, you are unlikely to have a such a very, very seldom that if you have a parent and a child that you would have, you know, siblings and nephews and nieces. And these people inheriting when you have your closest relatives. As for those who don't get to inherit and this is

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an eye on the Quran, that is sadly very seldomly practice and the Sahaba said, this is still part you know, this is part of inheritance. Allah says, what are the harder altissima on cooroibah? Well, he uttama well Masaki for those who who mean who work hoolahan coda Naropa. Allah says surani service number eight, that when those relatives that do not get to inherit, so brothers might come there and they don't realize they're not going to inherit

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nephews, nieces and orphans and the needy and the poor, also messy, it's a biggest thing and it's being distributed. Then for those who don't get anything, Allah says, at the time of distribution, give them something the ease, we need it now you have the law you fall you've, you know, someone has died, you know, in Allah Rajan, but Allah has given you something, that's another wisdom of inheritance that even though this person that you've loved has passed away, Allah has compensated you already with some money. But in that compensation, Allah says, Give some of it to the needy, and to those relatives that don't inherit and speak to them kindly give them nice words. And this is

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something which is really seldomly practiced that when we get inheritance, we don't make a sidecar. And before we conclude some questions that people have asked me this last, in the midst of the pandemic itself, you know, this has become very close to us. And so we need to take Be mindful of these things. Some points. Question can an adoptive so we've adopted a child Masha Allah, as an agency that he will adopt a child, the two of us will be like this in general, and he put his two fingers together. So one of the great rewards is to adopt a child, but now you have an adopted child, he doesn't have your name, or an illegitimate child's panela you know, you were naughty in

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the past and Allah forgive you, but you have a child out of wedlock, can they inherit? No, they cannot inherit according to most of the scholars, but you should then try to make a bequeath for them, you should then give them in that third, give them something out of your inheritance, you should you allow to do it and inshallah it's good to do that. Can you distribute in life? So someone says, You know what, I have three kids, a son and two daughters, my son, Mashallah is very, very financially strong. I'd like to give my daughter something more. Yes, you may. Now you know, when I die, it's not going to be distributed 5050. And so yes, in life, you can distribute, you can give

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give gifts in life. But remember, this when it comes to children, you need to give equally, so you need to give equally so if you give a million to the one child, you need to give a million to the other. Why? Because it creates animosity. So the rule of the Sharia is when it comes to children, or you need to give equally and if you want to give your parents of course, you know, you do not cause animosity between your parents. And so this insha Allah is a way that you in life, you can distribute as you want, but not in terms of the world. Just be fair in the way you are distributing some other points. People might ask, you know, is the Sharia unfair, in the way it has, especially

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with women is unfair with regards to women, as we said, Subhan Allah, it is the most advanced system and the most unjust system in the world. When the Sahaba when the Sahaba heard about the rules of inheritance, they were shocked, they see the half of what men get the same way we ask now Why must they get off? So how about osnovy? Why don't they get half? Why must my daughter get half of my son, my son, he helps me He works in the field, he needs to support his family, whereas my daughter, she's been taken care of by her husband, she doesn't need to work. So why should she get half what my son is getting, he is more in need in in the goal. And so the profits are seldom the same

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question as being asked now but for the opposite reason. This is of course, the Divine Wisdom of Allah. Now remember, she will get her inheritance exclusively for her whatever she gets in terms of inheritance is her so the you know, the father passes away, the daughter gets her inheritance, she can do whatever she pleases that inheritance husband can't touch it. And if she's not married, for example, when her brother who inherited must take care of her needs, she gets the benefit of nataka and authorea, Muscovy Yamaha, and Subhanallah, she gets the inheritance for herself, whereas the boys, they inherit more, but they have the responsibility of looking after the mother, the sisters,

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and the daughters and Subhan Allah, and so everyone shares out of his inheritance. And so there is absolute justice within the Sharia. And what a beautiful thing is that once we depart from this world, we can stand before Allah and we can say with regards to the test of money, we have passed it in life and in depth and the prophets of Salaam reminds us. He says to us, and this should give us great comfort in even our wealth being distributed to our family, the prophecies, the most excellent dinar the best charity you can give the best Rand you can spend is the one that spends it on his family, the one that benefits his family with malice panatela put Baraka in our money, and in our

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time and in our life, malice pantalla elantas the success in the tofik in this dunya they want us to die in goodness and let us be resurrected in goodness. I mean, Zakat was Allah say no Mohammed Ali or sapio Saddam Hussein will have no problem he said sit on Walmart library.