They are the rest of the relatives who are not residuary heirs and are not entitled to a
وَهُمْ: كُلُّ قَرَابَةٍ لَيْسَ بِعَصَبَةٍ وَلاَ ذِيْ فَرْضٍ.
The Book of Inheritance
Other Kin
ذَوِيْ الأَرْحَامِ
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
Dhawi al-Arḥâm (Other Kin)
[Definition of Dhawi al-Arḥâm (Other Kin)]
designated share. 1145
1145. ‘Uloo al-arḥâm literally means kin connected through the womb, but the phrase is sometimes translated as extended family or distant kin. I decided to use ‘other kin’ since ‘uloo al-arḥâm in this chapter means, as explained in the matn (main text), those relatives who will not inherit as residuary heirs or heirs with designated shares. They are not necessarily distant, because they include the maternal grandfather and the maternal aunt – about whom the Prophet (SA) said:
“The maternal aunt is like a mother.” (D – from ‘Ali. al-Albâni:S)
الْخَالَةُ بِمَنْزِلَةِ الْأُمِّ
They are not necessarily farther from the deceased than a distant male paternal cousin, but the distant male paternal cousin will be a residuary heir if he is not blocked by anyone closer than him. This may not be understood correctly until we know that he is part of the ‘aṣabah/‘âqilah (extended paternal family) that would have been required to sustain the deceased during his childhood (if the father was not present), to bail him out by paying the blood money for a mistaken killing by him, etc. Since they are liable, they are entitled to inherit the remainder of his estate in case there is anything left after the heirs with designated shares get them, as long as there is no residuary heir closer to the deceased who would block them. ‘Uloo al-arḥâm are:
· the children of the daughters
· the children of the sisters
· the daughters of the siblings
· the daughters of the paternal uncles
· the children of the maternal half siblings
· the maternal half brother of the father
· the paternal aunts (of any generation), including the grandfathers’ sisters
· the maternal uncles
· the maternal aunts
· the maternal grandfather and his male ancestors
[Their Inheritance]
1146
They do not inherit in the presence of any residuary heirs or any heirs entitled to designated shares, except one of the spouses 1147 – then they would inherit the
لاَ مِيْرَاثَ لَهُمْ مَعَ عَصَبَةٍ وَلاَ ذِيْ فَرْضٍ، إِلاَّ مَعَ أَحَدِ الزَّوْجَيْنِ، فَإِنَّ لَهُمْ مَا فَضَلَ عَنْهُ مِنْ غَيْرِ حَجْبٍ وَلاَ مُعَاوَلَةٍ.
· the grandmother who is connected to the deceased through a man between two women, such as the mother of the maternal grandfather; also, the mother of the father’s paternal grandfather and his male ancestors
. anyone connected to the deceased through one of the above, such as the paternal or maternal aunt of his paternal or maternal aunt; they will take their place in their absence
1146. The scholars differed concerning the inheritance of ‘uloo al-arḥâm. Mâlik and ash-Shâfi‘i did not give them any right to inheritance, and they would give the estate or the remainder of it to bayt ul-mâl (the Muslim treasury) in the absence of residuary heirs or heirs entitled to designated shares.
The position of the majority is that they do inherit, in the absence of residuary heirs or heirs entitled to designated shares (aside from spouses), and they are given precedence over bayt ul-mâl. This is the position of Abu Ḥaneefah and Aḥmad, as well as the later Mâlikis and Shâfi‘is. The proof for this position is the saying of Allah:
{…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}
The Prophet (SA) said:
“The maternal uncle is the heir of the one who has no heir.” (T. T:R)
الْخَالُ وَارِثُ مَنْ لاَ وَارِثَ لَهُ} {
This is the position upheld by the laws in most of the Muslim countries, including Egypt and Syria.
It is recommended for the Muslim to bequeath some of his estate to the needy among those who will not inherit.
1147. Because the spouses (according to the authorized position) receive only their designated shares; unlike the rest of the heirs, they do not receive the surplus of the estate through redistribution (radd).
remainder without blockage (ḥajb) or correction for shortage (‘awl). 1148
[The Rules of Their Inheritance]
They inherit by upward substitution, meaning that each one of them will be put in place of the relative through whom he or she is connected to the deceased. [Here are some examples:]
وَيَرِثُوْنَ بِالتَّنْزِيْلِ، فَيُجْعَلُ كُلُّ إِنْسَانٍ مِنْهُمْ بِمَنْزِلَةِ مَنْ أَدْلىَ بِهِ.
The children of the daughters, of the sons’ daughters, and of the sisters will take the place of their mothers.
فَوَلَدُ الْبَنَاتِ وَوَلَدُ بَنَاتِ الاِبْنِ وَالأَخَوَاتِ بِمَنْزِلَةِ أُمَّهَاتِهِمِ.
The daughters of the brothers and of the paternal uncles, and the sons1149 of the maternal half brothers, will take the place of their fathers.
وَبَنَاتُ الإخوة وَالأَعْمَامِ، وَبَنُو الإخوة مِنَ الأُمِّ كَآبَائِهِمْ.
The paternal aunts and the father’s maternal half brothers will take the place of the father. The maternal uncles, maternal aunts, and maternal grandfather will take the place of the mother. .
وَالْعَمَّاتُ وَالْعَمُّ مِنَ الأُمِّ كَالأَبِ. وَالأَخْوَالُ وَالْخَالاَتُ وَأَبُوْ الأُمِّ كَالأُمِّ.
1148. In the presence of a spouse, if you give ‘uloo al-arḥâm the place of the heirs through which they are connected to the deceased, and the shares exceed the estate, you will not resort to ‘awl. The husband gets his 1/2 first, and then the rest is divided among the “presumptive” heirs and passed on to their survivors. Clarifying example: An individual is survived by a husband and a daughter’s daughter. You will learn in this chapter that the daughter’s daughter (when she gets to inherit) takes the place of her mother, who was the deceased’s daughter. Then, we give the daughter’s inheritance (which she would have received if she survived the deceased) to her daughter. Normally, the daughter partially blocks the husband (ḥajb nuqs@ân), reducing his share from 1/2 to 1/4, but in this case, there is no blocking, so the husband gets his 1/2.
1149. And daughters as well.
[Multiple Dhawi al-Arḥâm (Other Kin) from One Direction]
If there are two or more from the same direction (jihah), then the most deserving is the one closest to the heir (who would have inherited had he or she been alive). 1150
فَإِنْ كَانَ مِنْهُمُ اثْنَانِ فَصَاعِدًا مِنْ جِهَةٍ وَاحِدَةٍ فَأَسْبَقُهُمْ إِلَى الْوَارِثِ أَحَقُّهُم.
If there are two or more from the same direction (jihah), then the most deserving is the one closest to the heir (who would have inherited had he or she been alive).
فَإِنْ كَانَ مِنْهُمُ اثْنَانِ فَصَاعِدًا مِنْ جِهَةٍ وَاحِدَةٍ فَأَسْبَقُهُمْ إِلَى الْوَارِثِ أَحَقُّهُم.
If he was survived by three paternal aunts of different strengths and three maternal aunts of different strengths, 1151 then one-third is divided over five shares among the three maternal aunts, and two-thirds are divided over five shares among the three
وَإِنْ خَلَّفَ ثَلاَثَ عَمَّاتٍ مُفْتَرِقَاتٍ، وَثَلاَثَ خَالاَتٍ مُفْتَرِقَاتٍ، فَالثُّلُثُ بَيْنَ الْخَالاَتِ عَلَى خَمْسَةٍ، وَالثُّلُثَانِ بَيْنَ الْعَمَّاتِ عَلَى
1150. Clarifying example: There is a maternal aunt and a mother’s paternal grandmother. They are both connected to the deceased through his mother (thus the direction is the same), but the aunt is closer, so she will get the entire inheritance. When there is both a daughter’s daughter and a daughter’s granddaughter, the daughter’s daughter is closer, so she will get the (daughter’s) entire inheritance of the daughter. If the jihah is different, you do not consider the proximity. For example, if there is a daughter of a daughter’s daughter and a son of a maternal half brother, the great great-granddaughter will inherit and block the nephew because the daughter blocks the maternal half brother.
1151. One of them is a full sister of his father, the other is a paternal half sister, and the third is a maternal half sister.
paternal aunts. The problem can be solved (without fractions) if we make the denominator 15. 1152
خَمْسَةٍ، وَتَصِحُّ مِنْ خَمْسَةَ عَشَرَ.
[Multiple Dhawi Al-Arḥâm (Other Kin) from Different Directions]
If the directions of dhawi al-arḥâm differ, 1153 you make the more distant relative take the place of the one from whom he or she inherits, and then you divide the estate as we mentioned. 1154
فَإِنِ اخْتَلَفَتْ جِهَاتُ ذَوِيْ الأَرْحَامِ، نَزَّلْتَ الْبَعِيْدَ حَتَّى يَلْحَقَ بِوَارِثِهِ، ثُمَّ قَسَمْتَ عَلَى مَا ذَكَرْنَا.
1152. The three maternal aunts will take the place of the mother because they are connected to the deceased through her, while the three paternal aunts will take the place of the father because they are connected to the deceased through him. You should imagine that the father and mother are alive and are the only heirs of the deceased. In this case, the mother would have gotten 1/3 and the father the remaining 2/3. The mother’s 1/3 will then be divided among the maternal aunts as they would have inherited it from the mother of the deceased (their sister). Since one of them is a full sister, she gets 1/2 of the estate, and the paternal half sister gets the remainder of the 2/3, which is 1/6 of the estate. (Review the designated shares of sisters above.) The maternal half sister gets 1/6 of the estate. All this inheritance is through designated shares. However, the mother’s inheritance is more than the shares, which add up to 5/6 (3/6 for the full sister, 1/6 for the paternal half sister, and 1/6 for the maternal half sister). The remaining 1/6 will be divided proportionately among them all by radd, thereby reducing the denominator from 6 to 5, so the full sister gets 3/5, and each of the other two gets 1/5. As for the father’s sisters, the full sister gets 6/10, and each of the other two gets 2/10. All those shares will stay the same, and the denominator will be 15, making the shares for the maternal aunts: 3/15, 1/15, and 1/15, and for the paternal aunts: 6/15, 2/15, and 2/15.
1153. Directions will be mentioned below
1154. Here is a clarifying example:
The deceased is survived by: a daughter’s daughter, a sister’s daughter, and an aunt.
. The daughter’s daughter will take the place of the daughter.
. The sister’s daughter will take the place of the sister.
. The aunt will take the place of the mother.
There are three directions: filiation (bunuwwah), maternity (umoomah), and paternity (ubuwwah). 1155
وَالْجِهَاتُ ثَلاَثٌ: الْبُنُوَّةُ، وَالأُمُوْمُةُ، وَالأُبُوَّةُ.
To solve the problem, first consider that the deceased was survived by a daughter, a sister, and a mother. The daughter takes 1/2, the mother takes 1/6, and the sister takes the remainder, which is 1/3. So the daughter’s daughter gets her mother’s share of 1/2, the sister’s daughter gets her mother’s share of 1/3, and the aunt gets her sister’s share of 1/6.
1155. This is because any relatives are connected to the deceased through their parents or children.
These directions are different from those used to determine the most deserving of the residuary heirs.
Other Kin
( Page : no 103)