Taimiyyah Zubair – Taleem al Quran 2021 J04-055E Review Al-Nisa 11-14
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The speakers discuss the importance of sharing inheritance and creating a will in regard to deceased estate. The process is not complete and cannot be made in the favor of an heir. The speakers stress the importance of financial security and ensuring deeds, and the need for proper debts to avoid legal accidents. The speakers stress the importance of being thorough and diligent in obeying rules of Islam, and caution against acting on one's ego and their ego.
AI: Summary ©
Assalamu alaykum Warahmatullahi Wabarakatuh
were you able to review your notes for the last lesson? I hope you did. Again if you did not get a chance to review the notes please make sure that you do and one thing that I would ask you to do is make a table for yourself and basically a table with six rows and three columns okay? Because remember, there are six shares of inheritance that are mentioned in these verses. So, write down those six years half quarter eighth two thirds third one six and then read the verses and find out whose share is half in which case whose share is a quarter in which case whose share is eighth in which case whose shares two thirds in each case whose shares a third and whose share is a six okay.
So, when you will go over the verses like this and you will be looking for the exact shares any which person gets which share in which situation, then inshallah you will be able to better understand the verses as well. Inshallah, let's do a quick review. And if you'd like you can make the table right now and fill that as we go over the verses, or you can do that later on in your own time. Inshallah, so let's begin our with the bIllahi min ash shaytani R rajim Bismillah Al Rahman Al Rahim, WA Salatu was Salam ala Rasulillah Hill Karim Furbish Rocklea Saudi were Sidley Emery, while we looked at a melissani of Kahu coli Allahumma Nickleby was a deadly Sunni was slowed Sufi Mata
Calbee Armenia Oberon, Amin Surah, Nisa ayah, number 11. You'll see Kamala houfy Hola the Quran, Allah instructs you concerning your children. So, basically in ayah, number 11, you have the shares of children any what children will inherit from their parents in the case where either the mother or the father die, okay. So, first of all the case of the children is mentioned and what are the shares of the children male and female? Then we see the shares of the parents are given. Okay. And when is it that the that the parent inherits from the child? Well, of course, what that means is that the child has died. So in the case where a person dies leaving behind parents, then how much do the
parents inherit from their deceased children and parents include both mother and father. Right. So in this aisle, primarily, the shares of the children and the shares of the parents are mentioned what children inherit from their deceased parents, and what parents inherit from their deceased children. Okay, when it comes to the children, Allah subhanaw taala told us live there, Kadeem withheld little unsane the share of the meal is similar to that of the share off to females, meaning the share of the son will be double that of the daughter. So if there are, for example, one son and two daughters, okay, then the son will get half and the daughters will share the other half. Okay?
For Incan Anissa unfocussed and attain follow Han nuthall methodic. And if there is only daughters, no sons, and these daughters are two or more than they will share two thirds of the estate any two thirds will be equally divided between them. Were in Canada who are hatin for her news, and if she is only one, meaning there's only one daughter, there is no son, no second daughter, the one daughter is the only child of the deceased, then she will get half. Okay, so these are the shares that Allah subhanaw taala has mentioned in regard to children. Will he have a way he'll equally wear him in homage to those now the case of the parents for the parents? Luckily were hidden in Houma for
each one of them to meaning for the mother and for the Father for each is how much a sodas are six. And this isn't the case where in Canada who will it if the deceased had a child for a lumea cola Hawala if he did not have a child, meaning if the deceased did not leave behind any children and the only heirs of the deceased are who the parents then fully omit his solos then the mother gets a third and the remainder goes to the Father for in Canada who is one, but if the deceased had siblings, okay, then the mothers shear will reduce and it will reduce to how much a seduce the six and all of this division of estate between the heirs will be done when mimbar they will see you then
you'll see we have older in after any will see here any will that the deceased had made okay. So the will has to be carried out, which means that even a child can make a will in regard to his wealth. Okay. So for example, if there is law
See a 10 year old girl, okay, who has gold jewelry that her grandmother's have given her? It's her property right? So if she dies, then her property will not just be taken by the father. No, it has to be divided according to the laws detailed in this idea, okay between the parents, okay. And if let's say the girl had made a will, that if I die than I would like that some of my gold is given to let's say she points out to a ring. She says that this ring of mine I want that it should be given to my cousin, it should be given to my friend or it should be given to my Quran teacher it should be given in sadaqa it should be given to the mosque it should be given here or there. Let's say she has
money sitting in the bank. Okay. She can make a will in regard to that also. So a child's will also has to be carried out. Okay. Any the will has to be carried out Oh Dane, or any debt that the deceased owed has to be paid. About Oh, como Obernai Oh, calm Latta de Runa. Au Accra, Bula kunafa your parents or your children, you do not know which of them are closer to you in terms of benefit, meaning you are not in a position to decide who should receive what from your estate. Because you don't know who is going to be of more benefit to you. You would want to give more of your estate to someone whom you think will be of greater benefit to you after your death. Right? But you don't know
the future. So you don't get to decide who is your heir. And you don't get to decide who gets what this division of the estate will be according to the law of Allah for the Allah termin Allah and obligation from ALLAH and he this is not an option. This is an obligation in Allah canard, even Hakima and you do not have the right to criticize or to disagree, because indeed, Allah is Knowing and wise. So he has given these shares, or he has fixed these shares based on his perfect knowledge and his perfect wisdom. We learned about once a year, and we'll see it is basically that a person is allowed to will or bequeath a certain amount of their wealth to a non heir. So when it comes to our
property, we don't get to decide who gets to inherit, how much from us after we die, right? The shares have been appointed by Allah and the heirs have also been appointed by Allah. This is not something that we get to choose. This is something that Allah subhanaw taala has decided, however, Allah subhanaw taala has also given us some liberty to decide who gets some of our wealth upon our death. And this is called we'll see you so part of our wealth we are allowed to will we are allowed to bequeath to someone of our choice. Okay, and this is called was Leah. And why is it that Allah subhanaw taala has given us that liberty to make a will in favor of someone the Prophet sallallahu
alayhi wa sallam explained, there's a hadith and Sunnah nibin Magia, in which we learn. The Prophet sallallahu alayhi wa sallam said that Allah has been charitable with you in Allah has the Sud Dakar Aleikum, Allah has done a charity to you over the disposal of 1/3 of your wealth at the time of your death, meaning Allah subhanaw taala has been charitable towards you by allowing you to bequeath up to a maximum third of your wealth, okay, at the time of your death, meaning that upon your death, you can decide who can inherit that wealth from you, Y, Z other telecom fi armory comm so that you may be able to add to the record of your good deeds, so that you have the opportunity to gift
something from your wealth to someone who is in need, and thereby increase in your good deeds or bequeath some of your wealth in the Cause of Allah. Okay, in order to support the religion of Allah, so that you can increase in your good deeds after you die. So, a few things we must remember is that we'll see you is allowed Allah's panel Tara has allowed us to make a will in regard to our wealth, but not all of our wealth, only up to a third of our wealth. And I mentioned this to earlier that many companions considered a third to be too much also because the Prophet sallallahu alayhi wa sallam said with Zulu Kathy, a third is a lot so their preference was
To make a will have an amount that is less than a third So, a quarter or a fifth okay less than a third is better. Secondly, remember that will Seiya a will cannot be made in the favor of an heir okay. So, someone who is already due to inherit from you. So, for example, your son your daughter, your mother or your father or in their absence your brother or your sister, right or also your spouse inherits from you, you cannot make a will in the favor of an heir, okay, even someone from the Asaba you cannot make a will in favor off your air, uh, will have up to a third of one's wealth can only be made in the favor of a non heir someone who does not inherit from you okay. And that can
be a relative or a non relative, it can be a person, it can be a cause, it can be someone who has been prevented from inheriting from you because of some reason, okay. So, for example, in the presence of the sun, there are many people who will not inherit. So, a non err in the presence of the Father, the brother and sister will not inherit, right. So, a will can be made in favor of a non heir, or someone who does not inherit because of some kind of a barrier. Okay? Another barrier is the difference in religion. So if, for example, a relative is a non Muslim, so for instance, a man accepts Islam, his mother is a non Muslim, and his mother is financially dependent on him, she is
elderly, she does not have a source of income. And this man, if he dies, then his Muslim wife, his Muslim children inherit from him, and nothing of his estate technically goes to the mother. So can he make a will overseer in favor of his non Muslim mother? Can he? Yes, he can. Likewise, can a person make a will in favor of their non Muslim son, non Muslim child? Yes, they can. Okay, this is something that is permissible. So, uh, we'll see, you remember can only be made in the favor of a non heir, whatever the reason is, for them to be a non heir. And secondly, it can only be up to a third of one's wealth. And as a Prophet sallallahu or Hussam explained, the reason is, so that you
can increase in your good deeds, by making a final act of charity. And this is actually Allah's charity on you that Allah has done a favor to you by allowing you to make a will in regard to your wealth. And this also shows us that if a person is leaving behind great amount of wealth, then they have the opportunity to make a will in favor of a charitable cause. So that they increase in good deeds, right? Any if their heirs so for example, if a person only has a daughter, okay, and we know that the daughter will inherit half of the wealth, and the remainder will go to the Asaba. Right. So in this case, a man sees that his daughter is already financially independent, okay, and she is
going to inherit half and the remainder is going to go to the ASA who are also financially independent. So he sees that he doesn't have many heirs, therefore, he wants to make a will of up to a third of his wealth to support for example, in Islamic organization, can he do that? Absolutely, he can. And he's encouraged to do that, because he's leaving a great amount of wealth his heirs are not in need, and he has an excellent opportunity to support a good cause. So, this will ensure that he received good deeds after he has died, right this is a form of so the kajaria All right, I hope this has clarified the concept of the Lucia then in the next is welcome news for Metallica as well
do come in the next day we see the shares off first of all the spouses are given what is the share of the husband in the case where the wife dies, and what is the case of the wife in the case where the husband dies, right? And then we see in this ayah the inheritance of the Calella Calella is the person who dies without leaving any parents or children okay. So who will inherit from the Calella. So three cases are mentioned in this is the share of the husband what the husband inherits from his wife. Second, what the wife inherits from her husband. And third, what the siblings inherit from the Calella. So let's look at the first case welcome useful method aka as Where'd you come Illa
You're Kelowna Willard, and for you is half of what your wives leave if they have no child. So if a woman dies leaving behind on the husband than the husband will inherit half of her estate, okay? And for in Canada who Noah don't follow como Aruba room and Mata Ragna. But if they have a child, any if the woman died, leaving behind a child, or children and a husband, then in that case, the husband will inherit how much a quarter of ruber. And this division of the estate will also be done after carrying out the will and paying off the debts? Well, 100 rubra Roman mythology. So now what will the wife inherit from the husband, she will inherit a quarter of what the husband has left in lumea
colloquium, what if you do not have a child, and if a man dies, leaving behind only a wife and no child of his own, in that case, the wife will inherit a quarter of his entire estate, and the remainder goes to who there are saba. Okay, there are Saba, and who are the cassava, the closest male relative, okay. For in Canada, calm water, don't follow Hoonah tsunami, Mata *. And if you do have a child, then they will get an eighth of what you left, and the wives share will reduce in the case where the husband has children. Okay. Now, many people get worried that, you know, if the wives share is so little is an eight. Okay. And you know, the remainder is going to the children and
let's say if the children are sons, then the sons will just take everything. And if the children are only daughters, and the daughters get two thirds, and the remainder will go to the closest male relative, then what is the wife going to do? And many people wonder, why is the wife share so little, the thing is that the wives share is less compared to that of the husband, because the wife is on the receiving end still, how if she's younger, right, then, you know, if she were to remarry, she will receive Maha and Africa from her next husband. Right? And he she is in a financially secure position. And if she is older, let's say and she does not get married, and she has children, right,
especially sons, then it is the obligation of the sons to look after their mother. Right? So again, she is in a financially secure position. Now, if a man feels that, you know, let's say that his sons are not that responsible, or they are younger, and he's worried about his wife, that if you were to die, then you know, her legal chair is not that much. It's only an eight, then what should he do that in his life, he should ensure that he gives her something that guarantees her financial security, for example, he can make her co owner of let's say the house, okay. So what that means is that the house is 5050, owned by him and his wife. So in the case of his death, it's only the 50% of
you know, his share that will be distributed among his heirs. Right? Not all of it. So he should do something in his life to ensure that initially, is in some financially secure position. And this is actually mentioned in the Quran in surah Al Baqarah. Even though the verses abrogated, they're still lesson in that. And the idea is that those who die leaving behind wives and they should make a will in favor of their wives, that they should be able to live in the house for one year. And then after that the house should be divided among the IRS. The IRS abrogated because the data is four months and 10 days, not one year, right. And the share of inheritance is an eight and not the house for up
to a year. So the IRA is abrogated, but it is certainly a direction, you know that a man should be concerned about the financial security of his wife after he dies. So he should do something during his lifetime, to ensure that if you were to die, she is not struggling financially, that she's not now all of a sudden, at the mercy of other people. And there was once a time where she lived very comfortably lavishly. And now all of a sudden, since the husband's death, she is surviving on charity, our friends and family saw her husband should you need see what their position is and what their unique situation is, and then do something to protect her financially in the case where he
dies, and there is nothing wrong with that. However, he cannot make a will in her favor. He cannot say that if I die than the house is for my wife. No, he cannot do that. Any if he wants to give it to her during his lifetime, that's fine. And that actually makes a lot of sense because if she were to die, all right, well he's alive.
Then he gets half, right and the remainder will go to the children. So if he gives it to her, he is in a win win situation anyway, but he cannot make a will in her favor, he can gift it to her in his lifetime, but he cannot make a will in her favor. He has to do something during his lifetime to provide her with financial security in the case of his death. So for in Canada Comala don't follow Hoonah so no matter Octomom, if you have a child, they get an eighth of what you have left mimbar the wasa yet into Sona, Bihar Oh, Dane, after any will that you have willed or any debt that you owe, meaning the will has to be carried out the debt has to be paid off, and then the inheritance
will be divided. And this teaches us that a person should make his debts known, especially debts that are significant such debts should be known to people who are closest to you. Right, so that they can pay it off from your property into tobacco. We learned about how in Iowa to Dane that either to die in tune betaine in fact taboo that when you engage in some kind of a loan, then make sure you write it down, right you write it down. Because with the written record, even if you are not able to tell anyone about how much you owe someone, at least when they find that document, they will know that you all someone a certain amount and they will pay it off from your property or if
nothing is left of your property they find out afterwards, they can do a favor to you and pay it off on your behalf. The main thing is that debts have to be paid off. And this is a very serious matter. And by the way, when it comes to the payment of debts. Let me just mention a few more things. We learned that the Prophet sallallahu alayhi wa sallam in he refused to pray the janazah I mentioned that to earlier he refused to pay the janazah of the person who died leaving behind a debt. Right. And we learned in one narration about a man who owed just a few Dirham, just a few gold coins. Okay, and the Prophet sallallahu alayhi wa sallam said any because he didn't leave anything with which,
you know the heirs could pay off the debt. The Prophet salallahu Alaihe Salam said, You pray janazah meaning he refused to pray so I will put that little Dilawar in who he felt really bad. And he said O Messenger of Allah, I will pay off the debt, you pray the Janaza for him. So then the Prophet sallallahu alayhi wa sallam prayed the janazah right. And we learned that the prophets of Allah who are in Islam continued to ask him that Did you pay off the debt Did you pay off the debt? So this is a very serious matter. Now the case of the Calella we're in Canada on Euro Tokelau Latin, if there is a man who is being inherited as a Calella meaning he is dying without leaving any parents or
children and this could be a man or a woman Okay, for Julian I will atone well who are who are often and he has a brother or sister any imagine a man dies leaving behind a sister or a woman dies leaving behind a sister or a man dies leaving behind a brother, one sibling family Kahlua Hedeman homeless so those then for each is a six any whether it's a sister or brother, they will get a six for Inconel Acklam indolic And if they are more than that meaning more than one sibling than for home Shoraka or fistulosa then they will be partners in a third okay. Now, the wife is not mentioned over here because the wife or the husband was mentioned earlier right. So, in the case of the
husband and the husband inheriting from his dead wife, he will inherit half right and the remainder will go to who the sibling or siblings and in the case of the wife any she will inherit from her husband a quarter and the remainder will go to his siblings. Okay. And then Allah subhanaw taala mentioned again mimbar they will see it in us while we have ordaining li Ramadan after it was a year okay, any after the fulfilment of any request you saw be her which was bequeath old alien or payment of any loan late on the doll without causing any harm. As long as there is no detriment caused, you need the heirs should not be harmed through the Vasa and how is it that the IRS will be harmed
through the Hosea that if they will see as more than a third? All right, we'll see it I mean Allah this is an ordinance from Allah will Allah who are Lehmann Halima and Allah is Knowing and forbearing look at how the verses begin, you will see Kamala and at the end, we'll see it Amin Allah Subhan Allah and I mentioned this to you that what is mentioned in this ayah with regard to the siblings is that these are maternal siblings. Right. And he those
blings who are through your mother's side, and with regard to the paternal siblings or full siblings, the last verse of Surah Nisa gives the ruling and inshallah we'll talk about that when we get there. Okay, Allah subhanaw taala says thinka who do the law? These are the limits set by Allah. Okay. Well my realtor Allah rasool Allah who you will heal Bucha net in 30 Min tactical on how to Holly Dena fie her. These are the limits set by Allah and whoever obeys Allah and His Messenger will be admitted by him to Gardens and Paradise under which rivers flow Kadena via abiding eternal Etherion with alagille Fosun are leaving that is a great attainment Subhan Allah, those who obey
Allah and His Messenger, in regard to what in regard to the law of inheritance, so as the victory there for example, okay, you need the one who is leaving the estate, the one who was making a will in regard to their estate, if they obey Allah and His messenger, Allah will admit them into paradise and in regard to the heirs and those who are dividing the estate among themselves, okay, if they obey Allah and His Messenger in regard to this matter, so they divide the estate according to the law that Allah subhanaw taala has given they will get Jana because of that Subhan Allah and that is the great attainment. Why am I ERC law How are Rasulullah who and Whoever disobeys Allah and His
messenger and regard to the Hosea or in regard to their estate, like for example, a person says all of my wealth should be given in charity Okay, or that a person you need deliberately does something in order to prevent an heir from receiving a share. Like for example, a man intentionally divorces his wife, you know, moments before he dies, why so that she does NOT inherit anything, any he does not want to obey the law of Allah then, right because it is Allah who has given the wife a share. And I mentioned this to her dear that in that case, the wife will still inherit, right. So Whoever disobeys Allah and His Messenger, and the heirs sometimes disobey Allah and His messenger that they
do not divide the estate properly. So for example, in the case where a man dies, leaving behind a wife and a child, let's say a daughter, and also a mother and a father, then sometimes the wife will take everything, she will not give the Mother, the Father, anything, where Subhan Allah, the mother and father's share will be greater than hers. But she keeps it all to herself, and she does not give them anything. This is disobedience to Allah and his messenger with our the herder who and this is transgressing the limits set by Allah. This is very dangerous because look at the warning you will see who now look at the threat Allah will admit him into the fire Holly Dunphy her, he will abide
there and eternally wala, who are that will Mahina and for him will be a humiliating punishment, a stuff that Allah humiliating. And if people try to seek honor, through wealth, for all that honor, will finish in the humiliating punishment of *. And people act on their ego, that no, I am the wife, I should get more. No, we are the family, we lived with him. So we should get everything. Why should a male relative you know, like an uncle get anything. Any people act on their ego, right? Or they want to act on their ego, they like to say this is my wealth, I'm going to decide what to do with it, who to give it to? No, this is transgressing the limits that Allah has said and you act on
your ego go ahead, but then there is going to be a humiliating punishment all that ego will go away with the humiliating punishment. So we have to be very careful, thorough obedience to Allah and His Messenger has to be thumb. It has to be complete any in all matters. We don't get to pick and choose what we want to obey in and what we don't want to obey in and look at how the companions are the Allahu on whom would obey the Prophet sallallahu alayhi wa sallam, Saudi Allahu Anhu he was ill and he felt like he was going to die. And when the Prophet salallahu Salam came to him, the Prophet salallahu Alaihe Salam asked him, Do you have a will? And Sandra de la Martin who said, yes, the
Prophet sallallahu wasallam said, for how much he said all of my wealth for the cause of Allah. I want to give all of my wealth for the cause of Allah and target at low on who was wealthy. So the Prophet sallallahu Ellison said what are you leaving for your children? So sadati lower and who said that they are rich, they have enough they don't need anymore. The Prophet sallallahu alayhi wa sallam said you have to give less than that. Alright you and you cannot give all of your wealth as a will and Saudi Longhorn who asked him Can I will half of my wealth any he asked him different amounts can I will this much the province at a loss and said no less than that? Less than that, less
than that? And he kept decreasing it until he said we'll a third and a third
Even as to great, what did solidarity learn? Who did he say no, a third is too little. I'm going to do what I'm gonna do. No, he listened to the Prophet sallallahu alayhi wa sallam, he was not stubborn. So when we learn about these laws that we should not become stubborn, we should surrender to the commands of Allah to the law that Allah subhanaw taala has revealed, and when people do things to deprive their heirs, okay, this is something very serious, we learn that a man had six slaves, okay. And that was basically the only property that he had. He owned six slaves. And just before he died, he freed all of them. He said, All of you are free. Why did he do that, so that his
heirs would not get anything. So when the Prophet salallahu alayhi wa sallam heard about that he became angry. And he said, I thought of not offering the funeral prayer for this men in another nation. We learned the Prophet sallallahu sallam said, in a case like that, that I thought of not bringing such a person in the graveyard of the Muslims Subhanallah so this is a very serious matter. And each person should be clear about what their assets are, what their property is, if they have any debts, any loans, any, they should be very clear, so that they can be paid off afterwards. And if they want to make any will, they should make sure that it is not unfair, in any way to ensure
that the Command of Allah the law of Allah is implemented properly and fully, even after their death. And if you live in a non Muslim country, then it's very important that you know, you know what the laws are, and what steps you have to take to ensure that your property is divided according to the Islamic law after you die. So you could, for instance, write a will and have that with a lawyer. Okay. And you appoint someone as a trustee, meaning someone who will divide your estate according to the Islamic law, right? Any you want to make sure that laws that are other than a those which Allah subhanaw taala has revealed, do not interfere with the distribution of your estate among
your heirs. Right, because in every country, you know, there's different laws, so you have to make sure that the estate is divided according to the laws that Allah has revealed and the messenger sallallahu alayhi wa sallam explained