Taimiyyah Zubair – Taleem al Quran 2021 J04-055F Question and Answers Al-Nisa 11-14

			Questions. If it is a gift, can you give her whichever you want, like my grandfather gave his house
as a gift to all his daughters, which is all he had. So that's the thing, if the house was his main
property, and his daughters were the only heirs, okay, meaning they were his only children, he did
not leave a wife, okay? They were his only children, then the daughters get two thirds of the house,
and a third goes to some other closest male relative. Okay? So if he gave it as a gift during his
lifetime, that's fine. That is permissible. But if he said that after I die, my house should be
divided among my daughters. That is not correct. The daughters should fix that. If he gave it as a
		

			gift in his lifetime, then nothing needs to change. But if he willed it, he said, he instructed in
regard to his property that it should be divided equally among my daughters after my death, then
that is not correct. The daughters have to fix it. And a third of that house, meaning its value they
should give to their fathers closest male relative, the father of Jabba the Lauryn Hill and his
deaths. What about that Jabil Dylan Martin whose father died leaving behind? That's right. So that
had to be paid off from the wealth of Java or the long run whose father, right, and if he did not
leave behind enough wealth, whose responsibility was it, it was the responsibility of Jabil de la
		

			Horne home. Okay. And this is why Job, it'll be low on who was worried because he did not have
anything to pay it off by. And so the Prophet sallallahu alayhi wa sallam, he helped him in that
situation. So the thing is that the debt was not forgiven. This does not mean that if a person dies
leaving behind a debt, they're evil, or they're gonna have a bad outcome, no, what this means is
that if a person dies leaving behind a debt than the debt has to be paid off from the deceased
property, and if he did not leave anything, then the heirs will pay off the debt. Okay. When the
Prophet sallallahu Urdu, Selim was so stern in the cases that I mentioned to you, that is because he
		

			wanted to make sure that people understood the seriousness of this matter that you cannot just live
off of debts and then die like that. And then people you know, they are suffering financially
because you borrowed from them and you didn't leave behind anything, nor did you you know, make any
effort to pay off their debt during your lifetime. Okay, so if the father of job it'll do Lauren who
died leaving behind a debt that's not wrong? Okay, that's not wrong. It just means that it has to be
paid off. Okay. And what this also shows us that only the case that I mentioned to you that a man
died leaving behind just a few that hum, I was a small debt, but he didn't make any arrangements for
		

			that debt to be paid off. That is irresponsible. We should not be irresponsible. The father of
jeberti Lauren, who actually told Jeb it'll Dylan Warren who about his depths, right and he told him
about the debts that he owed and the wealth that he had. So that in case he was martyred, the debts
would be paid off that is being responsible, right. So, some people are very irresponsible when it
comes to debts that they take and they need they live a life of debts okay. And that is not a good
way of living, you take a debt when it is necessary and you pay off as quickly as possible.
		

			Okay. So, if a man has a wife and children his siblings do not get anything No, if a man has
children, okay or parents, his siblings do not get anything All right, if a woman has parents or
children, again her siblings do not get anything siblings, I mentioned to you from the mother are
mentioned in this idea from the Father I mentioned in the other eye. What are the colada siblings
are not are no more but their children are present. So the closest male relative Asaba right and who
will they be? Let's say the brothers sons Okay. When whole blood related family left are non Muslim
except wife and children. What are the rulings? Yes, good question, then the estate will be divided
		

			between the wife and children right any because the share of the other relatives is blocked? Why is
it blocked because of the difference in religion? Okay, so they will be prevented from their share.
Okay. If a person gives his wife a gift in his lifetime to secure her financially, will that be on
top of our shared inheritance meaning the inheritance share will not be nullified by the gift
Exactly. It will not be nullified. Okay. So for example, if during his lifetime, he says 50% of the
house is yours, okay, then
		

			What happens if he dies tomorrow 50% of the house is hers and from the other 50%, the share of the
sun and the share of the wife. Okay, so she will get an eight, and the son will get the remainder,
any her share of inheritance will not reduce. Okay, good question like in Canada, a husband and
wife, by law have 50% ownership of the house, does that make the wife really 50%? Owner? No, it
doesn't, especially if she has not any paid anything into it. Unless the husband makes it clear. The
husband says that, yes, 50% is yours. I'm okay with that. And 50% is mine. Okay. But a woman should
not just think that just because her name is on the house, okay, then it is hers, even though she
		

			did not any her husband has made it very clear that this does not belong to you. Because sometimes
it happens that in the case of divorce, you know, men will strive all their lives to you know, pay
off for the house, or they will bring so much to the marriage, and then the wife, you know, she ends
the marriage and she takes 50% of the house. This is not fair to him. Islamically. And if she takes
it, then she's taking it will battle in a wrong way. Does this mean that we don't really have to
write a will a will is not obligatory. Okay. So if a person dies without making a will making
overseer, okay, up to a third for a non air, that's perfectly fine, then 100% of their estate will
		

			be divided among the heirs. Okay. And if, let's say they make a will, then the will will be carried
out as long as it is not detrimental? What are the rulings for revert persons? While the rulings are
that if they have a Muslim spouse, Muslim children, then they're the ones who will inherit from
them? And if they do not, then Islamically any Islamic law is not going to be applied to their non
Muslim family. Okay, any you're not going to say the mother inherits as much the father in here this
one because this is Islamic law. And non Muslims do not inherit from a Muslim. Okay. But what if a
Muslim is, let's say there's a revert and their non Muslim father dies? Okay. And their non Muslim
		

			father left behind a significant amount of wealth for them? Are they allowed to take it? Yes,
they're allowed to take it 100% of it? If that is what the father left for them? Yes. And if the
father said no, only, you know, a certain amount, and the rest of it is gonna go to his other
relatives, then yes, they can take that the main thing is that that Islamic shares will not be
applied over there. Okay, the Islamic share of the Sun is what led the academia through healthy loan
sign. So the sun is not going to go now to his sisters and his brothers and said, Look, Allah says
live daiquiri healthy loans again, no, it doesn't apply over there. Because you're dealing with non
		

			Muslims, this law is going to apply to only Muslims. But can a Muslim take something that their non
Muslim relative left for them as their estate? Yes, they can. There's nothing wrong with that. I
cannot show one example. Because any example that I show you're going to ask me different pieces,
but we can look at these verses okay, we can look at these verses. How any, if you see in the first
if the children are mentioned, right, and the parents are mentioned, and in the next if spouses are
mentioned, okay. And also the Calella is mentioned who only leaves siblings. So imagine any
scenario. Let's say a man dies, leaving behind a wife, okay? A wife, and a daughter. Okay. And
		

			mother, a man dies leaving behind mother, wife, and daughter, and also a sister. So a man dies
leaving behind mother, daughter, sister, and wife. How much will the wife inherit? Okay, good.
Eight. How much will the daughter inherit? Have good? How much? Will the mother inherit? Six? Good.
How much will the sister inherit? Zero. Exactly. Mashallah, you got it, and Hamdulillah. So, now how
exactly are the half the six and eight be divided? Like I mentioned, typically, the estate is
divided into 24 shares, sometimes it's divided into less than that any sometimes it's divided into
three parts or six parts or something like that. I mentioned to you the book Manhattan Muslim. And
		

			in that actually, they have an entire chapter on this and he how the estate will be divided. Okay.
So you can read up on that. There's a lot of calculation involved. And I don't want to
		

			start talking about that here because it's not everyone's strength. And I don't want that people
feel lost when I'm talking about fractions and different portions. Okay, what if a person has three
daughters and no parents than this is mentioned in the idea that if there are more than two
daughters, okay, then they will get two thirds of what the parents left. If a man with children dies
with two wives does each wife get an eight or one eight is divided among the two as the eight will
be equally divided between the two. Each wife does not get an 818 is the share all the wives, the
total share of the wives, if one wife, she gets all of it, if there's more than one wife, then it
		

			will be divided equally among them. Okay? If a deceased man leaves behind a son and a wife, does the
deceased parents still get the share? Yes, they do. The parents of the deceased, inherit, the
parents inherit, whether the deceased has a child, or wife or no child or no wife. These are the
primary heirs. Okay. Remember, there are three kinds of heirs, the willful ruled, the willful, all
those who have a fixed chair, what does that mean that if they exist, if they're alive, they have a
fixed chair. Okay. So if a man leaves behind, parents, children, spouse, okay, these are who they
will follow, they have fixed shares. Okay. So it doesn't matter whether the other the willful rules
		

			are alive or not how many they are, it doesn't matter, they will get their fixed share. Okay, when
sons work with their father from early age, but the younger one husband, and they say we worked hard
for it, so we have big share than the other siblings. Yes, sometimes it's happened that the older
siblings expect that they have a greater share. If let's say they worked with their father, and they
have partnership, let's say in the company, then of course, they will get their share of the
company, and any after the death of the Father. And in addition to that, they also get their share
of inheritance from what is the father's? Okay. So in that case, yes, they will take more, not a
		

			greater share of inheritance. But at the end, they will have more because they're taking their share
of what they owned off the company. But if that is not the case, they don't have a share in the
company, any they don't have any ownership, any partnership in the company with their father, then
no their shares, not more, they will get the same as a younger sibling, even if the difference
between the two is that all 30 years, okay? Any sometimes it happens that an elderly father, let's
say, is living with one son, okay, and the other son never comes and shows his face. Still, the
share of the sons will be the same. It doesn't matter how much the father loved one and exclusion to
		

			the other, or preferred one. That doesn't matter. The fact that both are his sons means that both
will inherit from him according to what Allah subhanaw taala has fixed for them. The money received
from a dead person's employer or insurance also to be inherited. Yes, because that is the property
of the deceased. I am not aware of life insurance. As far as I know, life insurance is not
permissible. No health insurance and large sum of hospital bills so hard to pay off in that case,
what should be done? In that case? There are situations where, you know, people will ask for some
concession right? And if they're granted that then Excellent. That basically the bill is not to be
		

			paid any more any the debt is forgiven, right. So if the debt is forgiven, good, if it's not
forgiven, then it has to be paid off. My grandfather left house back home and asked him to sell the
house to give him money since he needed it either passed away. My uncle took over the house and
rented and fix refuse to give shared his brothers and sisters and siblings of uncle are not talking
to him. My father is not allowing us to talk to her uncle what to do in this situation. Well,
somebody has to talk to the uncle and remind him of the seriousness of this matter and remind them
of the akhirah any cutting off from him is not the solution, unless it is a way to any force him to
		

			write his wrong, but even there should be a limit to that. So somebody needs to talk to him and
remind him what if the debt is forgotten by both the creditor and owner and no one knows about it
and it isn't paid off in that case with the sole still be suspended or because the creditor forgot
is forgiven? Will law who are Adam and Eve the lender does not even remember and does not come in
demand, then there's no way that it's going to be paid off. But if let's say he remembers after some
time when he comes in demands that it has to be paid off. If the man is gifting all the
		

			state two daughters in his lifetime, then wouldn't he still not be abiding by the laws of
inheritance? See, the thing is there is a difference between inheritance and Hiba. Okay? He ABA is
what you gift, and you are allowed to gift from your property during your lifetime. Okay, you are
allowed to gift 50% of your property in your lifetime or even 100% of your property and it's yours.
So you can gift it to whoever you want. Right? But if the intention of gifting is to somehow prevent
IRS from receiving their legal rightful shares, then because of that corrupt intention, this action
is problematic. Okay. So for example, if in a person's lifetime, you know, he sees that his daughter
		

			is in need of some wealth, okay, so that she can have a house of her own for instance, and he gifts
her a significant amount of money. Now, because he is gifting one child, he has to be fair with all
children, right? So he has to gift a similar amount to his other children. Now, if he does that,
then that's it. 80% of his wealth is now distributed among his children as gifts. Is that okay? Yes,
it's perfectly okay. Because he wants to make sure that his daughter is living comfortably, right.
So there's nothing wrong with that. But if the reason why he gives a gift to his daughter, and then
the other children is because he doesn't want that his son should get more than his daughter. Okay?
		

			Because he's like, you know, my son is not really that good of a boy, you know, he's not very
obedient. And he doesn't really take care of me and I'm not happy with him. And I don't want him to
take a double that off. My daughter, my daughter is the one who looks after me, she's always been
such a good girl, I want her to get the same as my son. So I'm just going to divide my estate right
now. And I'm just going to give it to them equally, the intention is corrupt over here, the
intention is to avoid the law of inheritance. Alright, so that is problematic. The intention should
not be to avoid the law of inheritance because that means you're not happy with the law of
		

			inheritance. And that is a very big problem. We should be very happy with the law that Allah
subhanaw taala has decreed What does it'll lead to Billa Hera Berman, that I am pleased with Allah
as my Lord. It means that whatever my Lord has decreed, I am content with that I'm happy with that I
wouldn't have it any other way. Allah's law is perfect, it is flawless. There is good in it for all
of us. So even though some shares appear to be less than others, they're still higher than that.
Because Allah subhanaw taala has decreed this based on his knowledge and his wisdom, right? So we
should be happy with a lot of Allah subhanaw taala has revealed however, if by chance, it so
		

			happens, that daughter is in need, and you know, the Father gives and then he says, Okay, I have to
give equally to all my children and he gives equally, and that means 80% of his wealth is now
divided among his children in his lifetime. That is fine. There's nothing wrong with that. What if
the mother and father earned and paid off the house? Will the paternal uncle get any as a two sets
of grandparents died long ago? Okay, so if a husband and wife both earned and paid off for the
house, what does that mean? That means that it's 5050, right? 50% ownership of the house is of home
both. Now in the case where let's say the husband dies, the wife will take her 50 and the other 50
		

			belongs to the heirs. So she will have a share in that. And if he only had daughters, they will have
a share in that. And now the Asaba they also will also have a share in that, okay, in what in the 50
that he owned living in non Muslim countries Shouldn't your right that you want your inheritance to
be divided Islamically exactly. You have to make a will, you'll find out what the law is, where you
are and what you need to do. And reach out to in a local Islamic organizations, especially those
that specialize in such matters and find out what needs to be done. In the case that a man dies
leaving behind two wives and children from both say one family is more well off than the other. So
		

			one of the wives says it's okay, you keep all the wealth to the other wife. Is that permissible?
Yes, it is permissible. It's perfectly fine. Any any air can give up their share of inheritance,
okay, and they can give it up to another heir. And that's perfectly fine. In the case of siblings
even let's say siblings are inheriting from their father. Okay father dies leaving grandchildren
children are inheriting from their father, one son millionaire, another son billionaire, and the
third son really struggling financially. So both the other sons any the billionaire in the
millionaire, they say, You know what you take our shares we don't need it is
		

			Fine, yes, it's fine. Can they give it in charity? Yes, they can give it in charity. If a person
doesn't have sons and daughters as job and contributed and father's wealth and shared father's
responsibility of her sibling, then what will be her share? Look, it doesn't matter what a person
has done in their lifetime for the deceased. Okay, it doesn't matter. What matters is when a person
dies, who are their legal heirs? And what are their specified chairs? It doesn't matter how much
they got along together or they did not how close they were, where they were not how much they did
for one another or did not all of that is irrelevant what is relevant is who has died, who are their
		

			legal heirs and what are their shares. If the spouses share the ownership of the house, can they say
to each other if I die, I gift my portion of the house to you see, this is called overseer. If I
die, my wealth goes to you. This is called Overseer and you cannot make Alyssia in favor off an
heir. Okay, if as women, the only wealth you have is gold jewelry given in marriage and other
occasion, anniversaries is her wealth. Yes, it is her wealth, the jewelry of a woman is her wealth,
and it should be divided according to the law of inheritance. The clothes that you own is your
wealth. Okay? Anything that you own is your wealth, your bags, your shoes, your makeup, all of that
		

			is your wealth. And it has to be divided among the heirs. And sometimes what people do is they will
just go into the root of the deceased and they will start taking things and whoever is living in
that same house, they will use whatever they want. And the other heirs do not get anything. This is
not correct. If let's say a woman dies leaving behind some jewelry, okay. And her clothing and you
know her limited things in her bedroom. Okay, she didn't leave any money in the bank. It's just her
day to day things that she has in her bedroom. Now, let's say the house that she lives in belongs to
her daughter, she's living with her daughter. Now that daughter goes and takes the mother's things
		

			and you know, She does whatever she thinks is best with them. Can she do that? No, she cannot do
that. Let's say if she left behind other children, they have a share in the jewelry that their
mother left in the bedsheets that their mother left in the clothes and even the toiletries any
everything that the deceased leaves is their estate you cannot belittle it mimma Columbian who Oka
thought as we learned earlier, whether it is little or a lot? Can you bequeath less than a third to
a non Muslim? Or to someone who stands in the barrier? Can you make a will in the favor of a non
Muslim? I need to check that until I can find out about that and let you know. But can you make a
		

			will in favor of someone who does not have a legal share of inheritance? Yes. Okay. So for example,
someone who does not inherit from you is maternal granddaughter, any daughter of the daughter. Okay,
so if a woman and he sees that her daughter's daughter is you know, financially struggling and she
needs let's say she's a young girl, she got divorced. So can the grandmother make a will in her
favor? Yes, she can. Okay, or someone who is not allowed to inherit? Any who cannot inherit? Like,
let's say an adopted child, can you make a will in their favor? Yes. If a revert man has a Muslim
wife and children, how much do they get? They get according to what we learned in these verses.
		

			Okay, let the curry Missler healthy and sane. And the share of the wife has also been specified. If
husband died in his parents died and he left behind three sons and one daughter and a wife. Your
husband died and his parents have also died. Okay. And he leaves behind three sons and a daughter
and a wife. Will his brother get the share? No, his brother will not get to share because siblings
will only inherit in the case of the Calella Calella is who Calella is the one who dies without
leaving any parents or any children. This person left three sons and one daughter
		

			in a family father, mother and one daughter became Wilson's recently and one daughter is not how
will the state be divided? It will be divided among the Muslim heirs. So the daughter who is not
Muslim, okay? She will not inherit anything. Okay? Because she's a non Muslim. The law does not
apply to her. Okay. Okay. Previously in my hometown, the matrimonial house was sold off when a man
dies so as to distribute the inheritance causing lots of social issues as the wife and children do
not have a roof over the head. And to buy a new house involves lots of difficulties as ownership of
houses not easy. Yeah, this can be an issue
		

			So you need people can come to some kind of agreement among themselves. Right? So let's say if a
husband dies leaving behind wife and children. Okay, and let's say those children, if the children
include a son, of course, the parents have a share need, they also have I don't get anything. Okay.
But if it's daughters, and yes, there are so but we'll get to, right. So the thing is that any
people can come to some kind of agreement, okay, where you need first of all you have to see are
there anyone other than the wife, children, parents who will inherit, okay? If there aren't in the
house does not have to be sold, okay, at least not right away, so that everybody can live in the
		

			same place, at least for some time. And if others have a share, then come to some kind of agreement,
let's say, if the amount that led to the loss of again, is, let's say, in dollars, 30,000, for
instance, then they can make a contract where they say that, for example, the error is all $3,000 to
so and so, to be paid off by this time, all right, or let's say, the children are older, and they
want their shares, then yes, they should be given their shares. And he just so that the mother can
continue to live in the house doesn't mean that the children should be deprived of their shares,
especially when they are in need of money. And sometimes kids are in university they need the money
		

			to pay off, you know, for their education or they want to travel in order to study abroad or they
want to be able to you know, have a place of their own, so that you know, their family is able to
live somewhere and they have this share of inheritance and the mother is not letting them have it
this is unfair. So yes, there is difficulty there is difficulty but in demondo So you throw,
		

			okay, if parents give gifts during their lifetime, like a few $1,000 Does it have to be equal
between the children? Yes, it has to be 100% equal among the children. If a woman's money started,
the business husband worked and then bought the house, how will that we decided well, they have to
see that, you know, if it was her money with which he did the business and he grew the money, what
was the agreement was the agreement that he will just return to her the capital that he took from
her or that she has a share off whatever money it is, or that it is 5050 owned equally among them
any what's the understanding that has to be clear. Okay, one thing that I would advise you to do is
		

			that there was a workshop that was conducted on this topic online by Dr. Mohammad, Zafar, okay and
Masha Allah, He explained the entire law very, very beautifully with many examples. So I believe the
lectures are available and inshallah sister Salah can share the link, and I would encourage you to
watch them. Okay, any and I'm sure there is some way of contacting him. So if there's any specific
question that you would like to ask in regard to your unique case, and perhaps you can see if if
there's a way to contact him, If not him, then find out, you know, locally, what is possible or even
online, who you can contact to get your specific questions answered. Inshallah, I see that there's a
		

			lot of questions. I hope that majority of them have been answered, and inshallah I'll review them
quickly afterwards, but I will not be able to answer all of them in today's class. So if there's
anything that I feel needs to be addressed, Inshallah, I will clarify that in the next class and the
question about, can you make a will in favor of a non Muslim inshallah I will also address that in
the next class. All right. Inshallah, we will conclude over here for today Baraka low FICO,
subclinical Lahoma behenic A shadow Illa Illa Illa. Anta Astok Furukawa Tobu Lake, wa Salam o
Alaikum Warahmatullahi Wabarakatuh