This (section) pertains to the division of the estate. 1094
وَهِيَ قِسْمَةُ الْمِيْرَاثِ
The Book of Inheritance
Continuation of Book
of Inheritance
الْفَرَائِضِ
The Book of Purification
The Book of Prayer
Importance of Prayer & Ruling of its Abandonment
Facing the Qiblah & Intention in the Prayer
Etiquettes of Walking to Prayer and its Description
Description of Prayer Continued
Description of Prayer Continued
Description of Prayer Continued
Pillars and Mandatory Acts of Prayer
Two Prostrations of Forgetfulness
Supererogatory (Voluntary) Prayers
Supererogatory (Voluntary) Prayers Continued
Times of Prohibition of (Supererogatory) Prayer
Congregational Prayers & Latecomers
Jumu'ah (Congregational Friday) Prayer
The Book of Funerals
The Book of Fasting
The Book of Hajj and 'Umrah
Book of Zakat
The Book of Selling and Commercial Transactions
Introduction & Commercial and Selling
Selling of Primary & Secondary Commodities
Cancellation Options in Transactions
Cancellation Options Continued
Debt Transference & Guarantor-ship
Mortgaging & Security Deposits
Partnership & Companies Continued
Reviving Barren Lands & Per-Job Wage
Lost and Found Property & Foundlings
Prize Money & Deposits for Safekeeping
The Book of Bequests
The Book of Inheritance
The Book of Marriage
The Book of Divorce
The Book of Sadaq
The Book of Dhihar
The Book of Lian
The Book of Foods
Book of Fatal and Non-Fatal Assault
The Book of Indemnities
The Book of Hudood
The Book of Jihad
The Book of the Judiciary
The Book of Testimonies
Appendix
Glossary
The Book of Inheritance
1094. Introduction
The subject matter of this knowledge (‘ilm al-farâ’iḍ or ‘ilm al-mawâreeth, meaning the science of inheritance) is the estate of the deceased. It is a division of fiqh (Islamic jurisprudence) that requires some understanding of mathematics as well. For this reason, it is usually mentioned as a separate discipline by itself. This is also so because of its importance and the fact that mastery of it is rare, even among scholars. It is a farḍ kifâyah (communal obligation) to learn it for the obvious objective of being able to distribute the estate of the deceased justly among the heirs, as prescribed by Allah.
If you attempt to understand the Islamic laws of inheritance in isolation from the entire philosophical foundation of the family in Islam and the distribution of rights and obligations, you will likely have a distorted understanding. For example, giving the daughters half of what the sons get may sound unfair. However, if you also consider that men are responsible to provide for women in the Muslim family, you will be able to appreciate the fairness of the system through this holistic examination. Professor Almaric Rumsey (1825-1899) of King’s College, London, the author of many works on the subject of the Muslim law of inheritance, said “The Moohummudan law of inheritance comprises beyond question the most refined and elaborate system of rules for the devolution of property that is known to the civilized world, and its beauty and symmetry are such that it is worthy to be studied, not only by lawyers with a view to its practical application, but for its own sake, and by those who have no other object in view than their intellectual culture and gratification.” (Rumsey, Almaric. Preface. Moohummudan Law of Inheritance and Rights and Relations Affecting It. 3rd ed. London: W.H. Allene, 1880. iii. Print.) The heirs will inherit both the liabilities and assets of the deceased, but they are not required to pay off liabilities which are more than the assets can cover, although it is recommended because the Prophet (SA) said:
“A believer’s soul remains suspended (from joining his befitting station) by his debt until it is settled or paid off on his behalf.” (A,T – from Abu Hurayrah. T:R)
نَفْسُ اَلْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ، حَتَّى يُقْضَى عَنْهُ
[Categories of Heirs]
1095
1095. The Most Relevant Text of Revelation
There are three verses and one hadith that address the bulk of the issues of inheritance, designating the heirs, their shares, and the approach to dividing the estate.
The saying of Allah:
{Allah instructs you concerning your children: for the male, what is equal to the share of two females. But if there are [only] daughters, two or more, for them is two-thirds of one's estate. And if there is only one, for her is one-half. And for one's parents, to each one of them is one-sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one-third. And if he had brothers [or sisters], for his mother is one-sixth, after any bequest he [may have] made or debt. Your parents or your children – you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.} (an-Nisâ’ 4: 11)
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ اللَّهِ ۗ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا
And His saying:
{And for you is half of what your wives leave if they have no child. But if they have a child, for you is one-fourth of what they leave, after any bequest they [may have] made or debt. And for the wives is one-fourth if you leave no child. But if you leave a child, then for them is one-eighth of what you leave, after any bequest you [may have] made or debt. And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is one-sixth. But if they are more than two, they share one-third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah, and Allah is Knowing and Forbearing.} (an-Nisâ’ 4: 12)
يُوصِيكُمُ اللَّهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَاحِدَةً فَلَهَا وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ ۚ فَإِن كَانَ لَهُنَّ وَلَدٌ فَلَكُمُ الرُّبُعُ مِمَّا تَرَكْنَ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ ۚ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ ۚ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم ۚ مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ ۗ وَإِن كَانَ رَجُلٌ يُورَثُ كَلَالَةً أَوِ امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ ۚ فَإِن كَانُوا أَكْثَرَ مِن ذَٰلِكَ فَهُمْ شُرَكَاءُ فِي الثُّلُثِ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصَىٰ بِهَا أَوْ دَيْنٍ غَيْرَ مُضَارٍّ ۚ وَصِيَّةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَلِيمٌ
And His saying:
{They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.} (an-Nisâ’ 4: 176)
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ ۚ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ ۚ وَهُوَ يَرِثُهَا إِن لَّمْ يَكُن لَّهَا وَلَدٌ ۚ فَإِن كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ ۚ وَإِن كَانُوا إِخْوَةً رِّجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۗ يُبَيِّنُ اللَّهُ لَكُمْ أَن تَضِلُّوا ۗ وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
And the Prophet (SA) said:
Give the designated shares to those who are entitled to them, and what remains goes to the nearest male heir. (Ag – from Ibn ‘Abbâs)
أَلْحِقُوا الْفَرَائِضَ بِأَهْلِهَا فَمَا بَقِيَ فَهُوَ لأَوْلَى رَجُلٍ ذَكَرٍ
There is an additional verse concerning ‘uloo al-arḥâm (see chapter on ‘uloo al-arḥâm), but it is not explicit:
The heirs belong to one of three categories:
1. Dhoo Farḍ (heirs of designated shares)
2. ‘Aṣabah (residuary heirs)
3. Dhoo raḥim (other kin)
:وَالْوَارِثُ ثَلاَثَةُ أَقْسَامٍ
١.ذُوْ فَرْضٍ
.٢.وَعَصَبَةٌ
.٣.وَذُوْ رَحِمٍ
{…But those of [blood] relationship are more entitled [to inheritance] in the decree of Allah. Indeed, Allah is Knowing of all things.} (al-Anfâl 8: 75)
وَأُولُو الْأَرْحَامِ بَعْضُهُمْ أَوْلَىٰ بِبَعْضٍ فِي كِتَابِ اللَّهِ ۗ إِنَّ اللَّهَ بِكُلِّ شَيْءٍ عَلِيمٌ
[Heirs with Designated Shares]
Heirs with designated shares are ten:
[1&2] The spouses
[3&4] The parents
[5] The grandfather 1094
[6] The grandmother
[7] The daughters
[8] The daughters of the sons
[9] The sisters
[10] The maternal half siblings
: فَذُوْ الْفَرْضِ عَشَرَةٌ
الزَّوْجَانِ
وَالأَبَوَانِ
وَالْجَدُّ
وَالْجَدَّةُ
وَالْبَنَاتُ
وَبَنَاتُ الاِبْنِ
وَالأَخَوَاتُ
وَالإخوة مِنَ الأُمِّ
1096. This refers to the paternal grandfather only; the maternal grandfather is of ‘uloo al-arḥâm.
[The Inheritance of the Husband and Wife]
For the husband:
One-half of the estate if the deceased has no (inheriting) offspring;
1097
If she has (inheriting) offspring, he gets one-quarter.
She (the wife) is entitled to:
One-quarter (whether there was one wife or four), 1098 if he has no (inheriting) offspring;
If he has (inheriting) offspring, they (the wives) are entitled to one-eighth.
فَلِلزَّوْجِ
النِّصْفُ إِذَا لَمْ يَكُنْ لِلْمَيِّتِ وَلَدٌ،
فَإِنْ كَانَ لَهَا وَلَدٌ، فَلَهُ الرُّبُع
وَلَهَا
الرُّبُعُ وَاحِدَةً كَانَتْ أَوْ أَرْبَعًا، إِذَا لَمْ يَكُنْ لَهُ وَلَدٌ،
فَإِنْ كَانَ لَهُ وَلَدٌ، فَلَهُنَّ الثُّمُنُ
1097. The sons and daughters and the sons’ sons and daughters, but not the daughters’ children or any offspring connected to the deceased through a female; those are considered ‘uloo al-arḥâm.
1098. If there is more than one wife, they share the 1/4.
[The Inheritance of the Father]
Subsection: The father has three possible situations:
If there are male descendants (of the deceased), he gets one-sixth;
فَصْلٌ: وَلِلأَبِ ثَلاَثَةُ أَحْوَالٍ، حَالٌ لَهُ السُّدُسُ، وَهِيَ مَعَ ذُكُوْرِ الْوَلَدِ
He inherits as a residuary heir if there are no (inheriting) offspring;
وَحَالٌ يَكُوْنُ عَصَبَةً، وَهِيَ مَعَ عَدِمِ الْوَلَدِ
He gets one-sixth and inherits as a residuary heir 1099 if there are female descendants (of the deceased).
وَحَالٌ لَهُ الأَمْرَانِ، وَهِيَ مَعَ إِنَاثِ الْوَلَدِ
1099. Only the father and the grandfather may combine the two types of inheritance due to one cause of inheritance. No one else can combine inheritance as a residuary heir with a designated-share heir unless they are related to the deceased in more than one way, such as a husband who is also a cousin who happens to be the closest male relative.
[The Inheritance of the Grandfather]
Subsection: The grandfather is like the father in all conditions, 1100
but there is a fourth condition that applies to him. When he inherits with (only) the (full or half paternal) male and female siblings, 1101
then he gets the greater of:
1. Sharing with them, like one of them, or
2. Taking one-third of the entire estate.
فَصْلٌ: وَالْجَدُّ كَالأَبِ فِيْ أَحْوَالِهِ، وَلَهُ حَالٌ رَابِعٌ، وَهِيَ مَعَ الإخوة وَالأَخَوَاتِ لِلأَبَوَيْنِ أَوْ لِلأَبِ، فَلَهُ الأَحَظُّ مِنْ
١. مُقَاسَمَتِهِمْ كَأَخٍ
.٢.أَوْ ثُلُثُ جَمِيْعِ الْماَلِ
If there are other heirs with designated shares, they will take their shares, and then the grandfather will be entitled to the greater of:
1. Sharing (with the siblings, like one of them),
2. Taking one-third of the remaining estate (after the subtraction of the designated shares), or
3. Taking one-sixth of the entire estate.
فَإِنْ كَانَ مَعَهُمْ ذُوْ فَرْضٍ، أَخَذَ فَرْضَهُ، ثُمَّ كَانَ لِلْجَدِّ الأَحَظُّ مِنَ
١.الْمُقَاسَمَةِ
.٢.أَوْ ثُلُثُ الْبَاقِيْ
.٣.أَوْ سُدُسُ جَمِيْعِ الْماَلِ
[Al-Mu’âddah – Counting the Paternal Half Siblings before Exclusion]
The full siblings in this regard are just like the paternal half siblings, if there is only one type of them. If there are more than one type, the
وَوَلَدُ الأَبِ كَوَلَدِ الأَبَوَيْنِ فِيْ هَذَا إِذَا انْفَرَدُوْا، فَإِنِ اجْتَمَعُوْا، عَادَّ وَلَدُ الأَبَوَيْنِ الْجَدَّ بِوَلَدِ الأَبِ، ثُمَّ أَخَذُوْا مَا
1100. Except that 1) he will be completely blocked from inheritance by the father, 2) he will not diminish the mother’s share to 1/3 of the remainder like the father does in al-‘Umariyah, and 3) he will only block the maternal half siblings, whereas the father blocks all siblings.
1101. (A/SM) + (+M, +S): The (full and paternal half) siblings inherit in the presence of the (paternal) grandfather.
(a/ Inṣâf) + (-H): The grandfather blocks the siblings like the father.
This is one of the oldest and most complicated controversies, dating from the time of the Companions, who disagreed over this issue. Of those who upheld the (a) + (-H) position were: Abu Bakr, ‘Uthmân, and Ibn ‘Abbâs. Of those who upheld the (A) + (+M, +S) position were: ‘Ali, Zayd ibn Thâbit, and Ibn Mas‘ood.
According to the (a) + (-H) position, all of the following complicated problems regarding the grandfather’s inheritance with the siblings will not be applicable.
full siblings will count the paternal half siblings against the grandfather, 1102 and then they will take their share. However, if the only full sibling is one sister, she takes half, and the paternal half siblings take the rest.
حَصَلَ لَهُمْ، إِلاَّ أَنْ يَكُوْنَ وَلَدُ الأَبَوَيْنِ أُخْتًا وَاحِدَةً فَتَأْخُذُ النِّصْفَ وَمَا فَضَلَ لِوَلَدِ الأَبِ
[Al-Akdariyah – The Muddying Problem]
1103
If there is nothing remaining after the designated shares are distributed except one-sixth, the grandfather will take it, and the siblings will be precluded, 1104 except in al-Akdariyah, which consists of: husband, mother, sister, and grandfather. The husband gets one-half, the mother gets one-third, the grandfather gets one-sixth, and the sister gets one-half, then the sister’s one-half and grandfather’s one-sixth are divided between them over three shares, 1105 so the problem will be resolved (without fractions) by making 27 shares. None of the problems of the grandfather will be subject to ‘awl (proportionate reduction due to shortage)
وَإِنْ لَمْ يَفْضُلْ عَنِ الْفَرْضِ إِلاَّ السُّدُسَ أَخَذَهُ الْجَدُّ وَسَقَطَ الإخوة. إِلاَّ فِيْ الأَكْدَرِيَّةِ، وَهِيَ: زَوْجٌ وَأُمٌّ وَأُخْتٌ وَجَدٌّ، فَإِنَّ لِلزَّوْجِ النِّصْفَ، وَلِلأُمِّ الثُّلُثَ، وَلِلْجَدِّ السُّدُسَ، وَلِلأُخْتِ النِّصْفَ، ثُمَّ يُقْسَمُ نِصْفُ الأُخْتِ وَسُدُسُ الْجَدِّ بَيْنَهُمَا عَلَى ثَلاَثَةٍ، فَتَصِحُّ مِنْ سَبْعَةٍ وَعِشْرِيْنَ، وَلاَ يَعُوْلُ مِنْ مَسَائِلِ الْجَدِّ سِوَاهَا، وَلاَ يُفْرَضُ لأُخْتٍ مَعَ جَدٍّ فِيْ غَيْرِهَا
1102. The full siblings might do this to reduce the grandfather’s share. If there is a grandfather, one full brother, and one paternal half brother, then the full sibling can count the half sibling as an heir, thus reducing the grandfather’s share from 1/2 (his share if there is only him and the full sibling) to 1/3 (the least he gets in the absence of heirs with designated shares). Then the full sibling gets the other 2/3 for himself and blocks the half sibling.
1103. Called the muddying/confounding problem because it confounded the methodology of Zayd concerning the sister with the grandfather.
1104. Called the muddying/confounding problem because it confounded the methodology of Zayd concerning the sister with the grandfather.
1105. Example: if the deceased was survived by a mother, two daughters, a grandfather, and one or more sisters or brothers:
1105. He gets two shares, and she gets one.
except this, and in no other circumstances will a sister get a designated share in the presence of a grandfather.
[Al-Kharqâ’]
If there were no husband, the mother would have taken one-third, and the rest would have been divided over three between the sister and the grandfather. This problem is called al-kharqâ’, 1106 due to the many differing opinions of the Companions concerning it.
وَإِنْ لَمْ يَفْضُلْ عَنِ الْفَرْضِ إِلاَّ السُّدُسَ أَخَذَهُ الْجَدُّ وَسَقَطَ الإخوة. إِلاَّ فِيْ الأَكْدَرِيَّةِ، وَهِيَ: زَوْجٌ وَأُمٌّ وَأُخْتٌ وَجَدٌّ، فَإِنَّوَلَوْ لَمْ يَكُنْ فِيْهَا زَوْجٌ، كَانَ لِلأُمِّ الثُّلُثُ، وَالْبَاقِيْ بَيْنَ الأُخْتِ وَالْجَدِّ عَلَى ثَلاَثَةٍ، وَتُسَمَّى: الْخَرْقَاءَ؛ لِكَثْرَةِ اخْتِلاَفِ الصَّحَابَةِ فِيْهَا
[Mukhtaṣarat Zayd]
If there were also a paternal half brother and a paternal half sister, then the problem could be resolved (without fractions) by making 54 shares; this is called Mukhtaṣarat Zayd. 1107
ولَو كان مَعَهُمْ أَخٌ وَأُخْتٌ لأَبٍ، لَصَحَّتْ مِنْ أَرْبَعَةٍ وَخَمْسِيْنَ، وَتُسَمَّى: مُخْتَصَرَةَ زَيْدٍ
1106. The word kharqâ’ comes from kharaqa (punctured); here, it refers to the many positions the Companions had concerning this problem.
1107. The word kharqâ’ comes from kharaqa (punctured); here, it refers to the many positions the Companions had concerning this problem.
If they had another paternal half brother, it would be resolved by making the shares 90; this is called Tis’eeniyat Zayd (Zayd’s Ninety). 1108
There is no disagreement over blocking the maternal half siblings and the children of the siblings (by the grandfather).
فَإِنْ كَانَ مَعَهُمْ أَخٌ آخَرُ مِنْ أَبٍ، صَحَّتْ مِنْ تِسْعِيْنَ، وَتُسَمَّى: تِسْعِيْنِيَّةَ زَيْدٍ
وَلاَ خِلاَفَ فِيْ إِسْقَاطِ الإخوة مِنَ الأُمِّ وَبَنِيْ الإخوة
To avoid fractions in the shares of the paternal half siblings, multiply the original denominator (which is 18) by 3, so the problem will be solved (without fractions) using 54. Solution: 9 shares for the mother, 15 for the grandfather, 27 for the full sister, 2 for the paternal half brother; 1 for the paternal half sister.
1108. In the previous example, if there are two paternal half brothers and one paternal half sister, they will all share the one share remaining from the original 18 shares of the problem. In this case, each brother will get 2/5 of that share, and the sister will get 1/5. To eliminate fractions, we will multiply the original number of shares 18 by 5, making the shares 90.
[The Inheritance of the Mother]
Subsection: The mother has four possible situations:
She gets one-sixth in the presence of an (inheriting) offspring or two or more siblings, either male or female.
فَصْلٌ: وَلِلأُمِّ أَرْبَعَةُ أَحْوَالٍ،
حَالٌ: لَهَا السُّدُسُ، وَهِيَ مَعَ الْوَلَدِ، أَوِ الاِثْنَيْنِ فَصَاعِدًا مِنَ الإخوة وَالأَخَوَاتِ
She gets one-third of the remaining estate after subtracting the designated share of either spouse; that is in the presence of the father and one spouse. 1109
وَحَالٌ: لَهَا ثُلُثُ الْبَاقِيْ بَعْدَ فَرْضِ أَحَدِ الزَّوْجَيْنِ، وَهِيَ مَعَ الأب وأحَدِ الزَّوْجَيْنِ
She gets one-third of the (entire) estate in the absence of the above.
وَحَالٌ: لَهَا ثُلُثُ الْمَالِ، وَهِيَ فِيْمَا عَدَا ذٰلِكَ
The fourth condition is when her child has been denied paternity by li‘ân 1110
or was born of fornication, in which case she becomes the child’s residuary heir. If she is not (alive at the time of the child’s death), then her residuary heirs are her child’s residuary heirs. 1111
وَحَالٌ رَابِعٌ: وَهِيَ إِذَا كَانَ وَلَدُهَا مَنْفِيًّا بِاللِّعَانِ أَوْ وَلَدَ زِنًا، فَتَكُوْنُ عَصَبَةً لَهُ، فَإِنْ لَمْ تَكُنْ، فَعَصَبَتُهَا عَصَبَةٌ
1109. Called al-‘Umariyah because it was ‘Umar who gave her 1/3 of the remaining, instead of 1/3 of the whole estate. If he gave her 1/3 of the whole estate, the father would have taken half of her share (1/6) when there is a husband (who takes 1/2). This would have been counter to the norm. This problem was also called al-Gharrâwiyah because of its being self-evident or well-known.
1110. li‘ân: mutual invocation of curses (upon oneself) as a prescribed legal procedure; see the Book of Li‘ân
1111. (A): The other report from Aḥmad gives the mother her designated 1/3, with the rest going to her residuary heirs; so if the deceased is survived by a mother and a maternal uncle, the mother gets 1/3, and the rest goes to her full/paternal half brother. (A/SM) (Note that these scenarios only apply if the deceased was not survived by male offspring. Otherwise, they would be the residuary heirs.)
[The Inheritance of the Grandmother]
1112
Subsection: For the grandmother, in the absence of a mother, 1113 is one-sixth. This is whether there is one grandmother or more, as long as they are of the same generation – but if some of them are closer (to the deceased) than others, it (the one-sixth) will (all) be for them. 1114
فَصْلٌ: وَلِلْجَدَّةِ إِذَا لَمْ تَكُنْ أُمٌّ السُّدُسُ، وَاحِدَةً كَانَتْ أَوْ أَكْثَر، إِذَا تَحَاذَيْنَ، فَإِنْ كَانَ بَعْضُهُنَّ أَقْرَبُ مِنْ بَعْضٍ، فَهُوَ لِأقْرَبِهِنَّ
A grandmother inherits even if her son is alive, but only three types of grandmothers inherit: the mother’s mother, the father’s mother and the (paternal) grandfather’s mother – as well as their mothers, no matter how many generations up.
وَتَرِثُ الْجَدَّةُ وَابْنُهَا حَيٌّ، وَلاَ يَرِثُ أَكْثَرُ مِنْ ثَلاَث جَدَّاتٍ، أُمُّ الأُمِّ، وَأُمُّ الأَبِ، وَأُمُّ الْجَدِّ، وَمَنْ كَانَ مِنْ أُمَّهَاتِهِنَّ وَإِنْ عَلَوْنَ
A grandmother does not inherit if she is connected to the deceased through a grandfather between two mothers or through a father higher than the grandfather. 1115 So if he is survived by his mother’s two grandmothers and his father’s two grandmothers, the mother of the maternal grandfather will not inherit, while the three other grandmothers will.
فَصْلٌ: وَلِلْجَدَّةِ إِذَا لَمْ تَكُنْ أُمٌّ السُّدُسُ، وَاحِدَةً كَانَتْ أَوْ أَكْثَر، إِذَا تَحَاذَيْنَ، فَإِنْ كَانَ بَعْضُهُنَّ أَقْرَبُ مِنْ بَعْضٍ، فَهُوَوَلاَ تَرِثُ جَدَّةٌ تُدْلِيْ بِأَبٍ بَيْنَ أُمَّيْنِ، وَلاَ بِأَبٍ أَعْلَى مِنَ الْجَدِّ. فَإِنْ خَلَّفَ جَدَّتَيْ أُمِّهِ وَجَدَّتَيْ أَبِيْهِ، سَقَطَتْ أُمُّ أَبِيْ أُمِّهِ، وَالْمِيْرَاثُ لِلثَّلاَثِ الْبَاقِيَاتِ
1112. Keep in mind that ‘grandmother’ here refers to grandmothers, great-grandmothers, etc.
1113. The mother blocks all grandmothers from inheritance.
The father does not block his own mother (paternal grandmother) from inheritance; he only blocks his father. She will inherit as a mother in the absence of the actual mother. This is the position of (A) only; according to the majority, the father blocks his mother.
1114. So if there is a father’s mother and the mother of a mother’s mother, the father’s mother will get the entire 1/6 because she is one generation closer to the deceased
1115. If there is a man between two women, his mother will not inherit. Also, the mother of the great-grandfather will not inherit. In contrast, if she is connected to him through mothers only, she will inherit, regardless of how many generations are between them.
[The Inheritance of the Daughter(s)]
Subsection: For the daughter is one-half, and for two or more daughters (a total of) two-thirds. 1116
فَصْلٌ: وَلِلْجَدَّةِ إِذَا لَمْ تَكُنْ أُمٌّ السُّدُسُ، وَاحِدَةً كَانَتْ أَوْ أَكْثَر، إِذَا تَحَاذَيْنَ، فَإِنْ كَانَ بَعْضُهُنَّ أَقْرَبُ مِنْ بَعْضٍ، فَهُوَوَلاَفَصْلٌ: وَلِلْبِنْتِ النِّصْفُ، وَلِلْبِنْتَيْنِ فَصَاعِدًا الثُّلُثَانِ
The sons’ daughters take their place in their absence, but when both daughters are present, the sons’ daughters will be precluded unless they have a son’s son of their generation or lower (however low), in which case he will make them co-residuary heirs. 1117
وَبَنَاتُ الاِبْنِ بِمَنْزِلَتِهِنَّ إِذَا عَدِمْنَ، فَإِنِ اجْتَمَعْنَ، سَقَطَ بَنَاتُ الاِبْنِ، إِلاَّ أَنْ يَكُوْنَ مَعَهُنَّ أَوْ أَنْزَلَ مِنْهُنَّ ذَكَرٌ، فَيُعَصِّبُهُنَّ فِيْمَا بَقِيَ
1116. While the Qur’an clearly determined the inheritance of one and three daughters, the Sunnah made the inheritance of two like the inheritance of three. The Qur’an also alluded to this when it gave two sisters 2/3 of the estate, as will be discussed. Jâbir ibn ‘Abdullâh said:
The wife of Sa‘d ibn ar-Rabee‘ came with her two daughters to the Messenger of Allah (SA) and said, “O Messenger of Allah, these two are daughters of Sa‘d bin ar-Rabee‘, who fought along with you on the day of Uḥud and was martyred. Their uncle took their wealth without leaving any wealth for them, and they will not be married unless they have wealth.” He replied, “Allah will decide on this matter.” The verse about inheritance was revealed, so the Messenger of Allah (SA) sent (word) to their uncle, saying:
“Give the two daughters of Sa‘d 2/3, and give their mother 1/8; whatever remains is for you.” (T. T:R)
أَعْطِ ابْنَتَىْ سَعْدٍ الثُّلُثَيْنِ وَأَعْطِ أُمَّهُمَا الثُّمُنَ وَمَا بَقِيَ فَهُوَ لَكَ
1117. So they get to inherit the remainder of the estate if there is anything left after the designated share heirs get their shares. In this case, the son takes twice as much as the daughter.
The sons’ daughters will always be made co-residuary heirs by the sons’ sons of their own generation. However, if the sons’ sons are of a generation farther from the deceased, they will make the closer sons’ daughters co-residuary heirs only if the daughters need them. If she will inherit due to the absence of first generation daughters, or even in the presence of only one (as will be discussed in the following paragraph), then the more distant son’s son(s) will not make her a co-residuary heir. The distant son’s son(s) may inherit as residuary heirs themselves if any of the estate remains after the designated-share heirs take their shares.
If it is one daughter and there are sons’ daughters, then the one daughter gets one-half, and the daughters of the sons (one or more) get one-sixth (to complete the two-thirds the daughters are entitled to), 1118 and that is true except if there is a male offspring (of their generation) who will make them co-residuary heirs.
وَإِنْ كَانَتْ بِنْتٌ وَاحِدَةٌ وَبَنَاتُ ابْنٍ، لِلْبِنْتِ النِّصْفُ، وَلِبَنَاتِ الاِبْنِ، وَاحِدَةً كَانَتْ أَوْ أَكْثَرَ مِنْ ذٰلِكَ، السُّدُسُ تَكْمِلَةَ الثُّلُثَيْنِ، إِلاَّ أَنْ يَكُوْنَ مَعَهُنَّ ذَكَرٌ فَيُعَصِّبَهُنَّ
1118. Hudhayl ibn Shurahbeel narrated that Abu Moosâ was asked regarding (the inheritance of) a daughter, a son’s daughter, and a sister. He said, “The daughter will take 1/2, and the sister will take 1/2. If you go to Ibn Mas‘ood, he will reiterate what I said.” Ibn Mas‘ood was asked and was told of Abu Moosâ’s verdict. He said, “If I give the same verdict, I would stray and would not be of the rightly-guided. The verdict I give concerning it will be the same as the Prophet’s: 1/2 is for the daughter and 1/6 for the son's daughter, (for both shares) to make 2/3 of the estate; and the rest is for the sister.” Afterwards we went to Abu Moosâ and told him of Ibn Mas‘ood’s verdict, whereupon he said, “As long as this knowledgeable scholar is among you, do not ask me.” (B)
[The Inheritance of the Sister(s)]
Subsection: The full sisters are like the daughters concerning their designated shares. 1119
فَصْلٌ: وَالأَخَوَاتُ لِلأَبَوَيْنِ، كَالْبَنَاتِ فِيْ فَرْضِهِنَّ
Sisters are co-residuary heirs in the presence of daughters; they get the remainder of the estate, 1122 but they would not have a
وَالأَخَوَاتُ مَعَ الْبَنَاتِ عَصَبَةٌ لَهُنَّ مَا فَضَلَ، وَلَيْسَتْ لَهُنَّ مَعَهُنَّ فَرِيْضَةٌ مُسَمَّاةٌ لقَوْل ابن مسعودٍ في بنت وبنت
1119. This is in case the deceased is a kalâlah, as in the end of Soorat an-Nisâ’. The kalâlah is the person who has no far’ wârith (inheriting descendants of either sex) or aṣl mudhakkar (inheriting male ancestors). In the presence of a grandfather, they may still inherit with him, but not according to the shares designated for them in that verse.
1120. Therefore, they will not inherit in the presence of two or more full sisters. However, in the presence of one full sister, she will get 1/2 of the estate, and the paternal half sisters will get 1/6 for both shares to complete the 2/3 designated for the sisters.
In the absence of full sisters, the paternal half sisters will take their place.
The maternal half sisters have a different set of rulings, which are discussed in the following topic with the maternal half siblings.
1121. Unlike the sons’ daughters, their brothers’ sons will not make them co-residuary heirs.
1122. This is if they have no brothers to inherit with them as co-residuary heirs. In this case – in the presence of daughters of the deceased and the absence of any sons, fathers, or grandfathers – the sisters will take the remainder of the estate. If there is a grandfather, the variant scenarios are discussed above.
In this case, the full sisters will take the place of the absent full brothers, blocking the paternal half brothers and any male kin more distant than them. If they are paternal half sisters, they will take the place of the absent paternal half brothers, blocking the uncles and any male kin who are farther from them.
designated share, and that is due to Ibn Mas‘ood’s statement concerning a daughter, a son’s daughter, and a sister, “I will judge according to the judgment of the Messenger of Allah (SA). For the daughter is one-half, for the son’s daughter is one-sixth, and the rest is for the sister.”
وبنت ابن وأخت: أَقْضِي فِيهَا بِقَضَاءِ رَسُولِ اللَّهِ للبنت النِّصْفُ، وَلِابْنَةِ الِابْنِ السُّدُسُ، وَمَا بَقِيَ فَلِلْأُخْتِ
[The Inheritance of the Maternal Half Siblings]
Subsection: The maternal half brothers and sisters are equal (the male like the female). If there is one, he or she gets one-sixth; 1123 if they are two, each gets one-sixth; and if they are more, they are equal partners in one-third of the estate. 1124
وَالأَخَوَاتُ مَعَ الْبَنَاتِ عَصَبَةٌ لَهُنَّ مَا فَضَلَ، وَلَيْسَتْ لَهُنَّ مَعَهُنَّ فَرِيْضَةٌ مُسَمَّاةٌ لقَوْل ابن مسعودٍ في بنت وبنت
1123. There is no difference here between the male and female since they are connected to the deceased through a female.
1124. This is in case the deceased is kalâlah. The kalâlah is the person who has no far’ wârith (inheriting descendants of either sex) or aṣl mudhakkar (inheriting male ancestors). Unlike the other (full and paternal half) siblings, the maternal half siblings will never inherit in the presence of a (paternal) grandfather.
The maternal half siblings do inherit in the presence of the mother, even though they are connected to the deceased through her. They also count against her as siblings, along with the full and paternal half siblings of both sexes. The multiplicity (2 or more) of any siblings will partially block the mother, diminishing her share from 1/3 to 1/6.
The only other case where one inherits in presence of the connection between him or her and the deceased is the father’s mother or the grandfather’s mother.
Continuation of Book of Nikah
( Page : no 108)