Benefits of Inheritance from Muntaqaa Ibn Al-Jarood, Book of Inheritance

بســـم اللــه الرحــمــن الـرحـــيــم

By our Shaykh, the 'Allaamah, the Trustworthy Advisor, Abu 'Abdirrahman Yahya bin 'Ali Al-Hajoori - may Allaah preserve him -

*Chapter what has come in Inheritance*📚

972 - Az-Za'farani narrated to us, he said Affaan narrated to us, he said Wuhaib narrated to us, ح ( change in the chain of narration) and Ishaaq bin Mansoor narrated to us, he said Mugheerah bin Salamah informed us, he said Abdullah bin Tawus narrated to us, on the authority of his father, on the authority of Ibn Abbaas, may Allaah be pleased with them both, on the authority of the Prophet ﷺ said: *"Join the inheritance with its rightful people and whatever remains is for the closest male relative."*

Az-Za'faraani on the authority of Ibn Abbaas: to the nearest male

*Agreed Upon*

Our Shaykh Yahya may Allaah ﷻ preserve him said this hadith should be memorized because it is a foundation from the foundations of inheritance authors have authored in explanation of it with the judgment of Allaah and his legislation with what the evidence has lead towards.

*Knowing the inheritors by sole obligatory share*

*Or by sole default share*

*And those who inherit by obligatory sometimes and by default sometimes*

*And those who inherit with them both*

*Firstly: Those who inherit by obligatory share solely*

1 - Mother

2 - Maternal grandmother

3 - Paternal grandmother

4 - Maternal sister

5 - Maternal brother

6 - Husband

7 - Wife

*Secondly: Those that inherit by default solely*

1 - Son

2 - Grandson (of son)

3 - Full brother

4 - Paternal brother

5 - Nephew (from full brother)

6 - Nephew (from paternal brother)

7 - Full uncle

8 - Paternal Uncle

9 - Full cousin

10 - Paternal cousin

11 - Freed bondsman

12 - Freed bondswoman

13 - A group of freed bondsmen or bondswomen

*Thirdly: Those who inherit by obligatory share sometimes and by default share other times*

1 - Daughter

2 - Granddaughter (from son)

3 - Full sister

4 - Paternal sister

*Fourthly: Those who inherit with them both*

1 - Father

2 - Paternal grandfather

___

The obligatory shares designated in the Book of Allaah ﷻ are six and they are 👇🏾

1 - Half

2 - Quarter

3 - Eighth

4 - Two thirds

5 - Third

6 - Sixth

___

*1 - Those who get half*

The people who receive half are five categories from the inheritors

*Firstly - Husband:* He takes half with one condition: which is no existing inheriting offspring

The intent of inheriting offspring is (son, grandson, daughter, granddaughter no matter how far down)

*Secondly - Daughter*: She takes half with two conditions:

1 - Not having an equal (another daughter or more to the deceased)

2 - Not having someone to make her receive default share (one son or more)

*Thirdly - Granddaughter (from son)*: She takes half with three conditions:

1 - Not having an equal which is another granddaughter (from son)

or more to the deceaesed on her rank whether she has a full sister or paternal sister or paternal girl cousin

2 - Not having someone to make her receive default share and it is one grandson (from son) or more to the deceased on her rank whether she's has a full brother or paternal brother or paternal boy cousin

3 - Not having the highest inheriting offspring, a son or more or a daughter or more or the highest grandson (from son) or granddaughter (from son)

*Fourthly: Full sister* takes half with four conditions:

1 - Not having an equal which is another full sister or more to the deceased

2 - Not having someone to make her receive default share and it is one full brother or more to the deceased

3 - Not having inheriting offspring

4 - Not having paternal inheriting ancestors, father or grandfather no matter how high up.

*Attention* Nephew (from full brother) does not make the full sister take default share because he is not on her rank.

*Fifthly: Paternal sister*

takes half with five conditions:

1 - Not having an equal to her like another paternal sister or more to the deceased

2 - Not having someone to make her receive default share like a paternal brother or more to the deceased

3 - Not having inheriting offspring

4 - Not having male inheriting ancestor

5 - Not having a full brother or a full sister or more.

(*Attention*) The nephew of paternal brother does not make the paternal sister take default share because he is not on her rank.

Abu Abdillah Muhammad bin Alee bin Muhammad bin Hussein *Ar-Rahbee* may Allaah have mercy on him said:

And know that inheritance is of two types and they are

Obligatory and default share according to their divisions

Obligatory in the religious text are six

There is no other obligatory in the inheritance at all

Half and a quarter then half a quarter

And a third and sixth by the legislated text

And two thirds and they are the completion

So memorize it for verily every memorizer is an Imam.

2 - *Those who receive quarter*📚

Those who receive quarter are two types from the inheritors:

*1 - Husband*

*1 - Wife or Wives*

1) {The husband takes quarter with the condition of the existence of a inheriting offspring to the wife}

*Attention:* The husband is not capped to quarter if the inheriting offspring is covered by the following descriptions (bondage, or killing the inherited or difference in religion)

*Attention*: (If the inheriting offspring of the wife is from the husband or from other than him even if it be from fornication then verily the husband is capped to a quarter)

*2) Wife or Wives* {They take quarter with the condition of a non existing inheriting offspring to the husband}

*Observation* The wife who has performed the marital contract inherits from her husband who has deceased even if he does not have marital relations with her, as for the divorced with an indefinite divorce she interits from him and he from her so long as she is in her waiting period.

↪️ As for if her waiting period ends or if it is a definite divorce then she does not inherit so long as he doesn't divorce with the intention of preventing her.

3- *Those who receive eighth*📚

Those who inherit an eighth are one type from the inheritors:

*Wife or Wives*

They take eighth with the condition of an existing inheriting offspring to the husband.

4- *Those who receive two thirds*📚

Those who receive two thirds are four types from the inheritors and they are:

1) *A group of daughters*

2) *A group of granddaughters (from son)*

3) *A group of full sisters*

4) *A group of paternal sisters

And the conditions of two thirds is like the conditions of half share except one condition and it is not having an equal *(it changes)* into having an equal in the people of two thirds and the remaining conditions are as the people of half share.

*Attention*: A group in concern to inheritance starts from two or more

so two daughters receive two thirds by the Quran and the Sunnah and consensus.

5- *Those who receive a third 📚*

Those who receive a third are two types and they are:

*1 - Mother*

*2 - A group of maternal brothers or sisters*

*Firstly the Mother*: She receives a third by three conditions

1) Non existinh inheriting offspring

2) Non existing group of brethren male only or female only or mixed; paternal or maternal full brothers or sisters or mixed.

3) That the issue is not one of the Umriyyatayn or Gharaawayn and they are:

[Husband - Mother - Father] or

(Wife or more - Mother - Father)

And it is what Umar ibn Al-Khattaab may Allaah be pleased with him ruled that the mother receives a third and the father the remainder after the obligatory share of spouse and Ibn Abbaas opposed him in that may Allaah have mercy on them.

*Secondly:*

Maternal brothers or sisters.

They take a third with three conditions:

1) Non existing inheriting offspring

2) Non existing male inheriting ancestor

3) That they are a group two or more male or female or mixed; and the third is divided between them equally to the male the same as to the female because they are sharing together a third.

6- *Chapter of sixth📚*

Abu Abdillah Muhammad bin Alee bin Muhammad bin Hussein Ar-Rahbee may Allaah have mercy on him said:

And sixth is obligatory for seven in number, the father, the mother, then the granddaughter (from son) and grandfather

And the paternal sister then the grandmother, and the child of mother completes the number

So the father is elegible for it with the existence of a son and likeso the mother by the revelation of As-Samad

And likeso (the existence) of a grandson (from son) who is a continuance of his legacy and a follow on

And he (the father) is receiving it also with two brothers of the deceased, so draw a similtude to these two

And the grandfather is like the father in his (fathers) absence in the unrestriction of him receiving a share and his mudd (a sixth)

Except if there are (only) brothers, due to them being in closeness but he is the highest (he takes all)

Or two parents with an inheriting husband, so a third is for the mother along with the grandfather inheriting (the rest)

And thus it is not similar with the father in (the case of) a wife of the deseased (along with) a mother and father

And its ruling and their ruling will come in a complete clarification in its different states

And the granddaughter (from son) receives a sixth if she has an equal similar to her

And likeso the (half) sister (receives sixth) with the (full) sister which is from both parents oh my brother having blood ties

And a sixth is the obligatory share of the grandmother in leneage if she is alone maternal or paternal

And the maternal offspring receives a sixth and the condition of them being a single child is not to be forgotten

*Those who receive sixth are seven from the inheritors:*

*1 - : Father*

*2 - : Paternal grandfather no matter how far up*

*3 - : Mother*

*4 - : Paternal or maternal grandmother*

*5 - : Granddaughter (from son) or more*

*6 - : Paternal sister or more*

*7 - : Maternal brother or sister*

*Firstly: Father* he receives a sixth with the existence of a male inheriting offspring, son or grandson (from son) or more no matter how far down. As for with the daughter or grandaughter (from son) or more no matter how far down then her father takes a sixth by obligatory share and the remainder by default share.

*Secondly: Paternal grandfather*: no matter how far up, and his conditions are like the father in the state of the non existence of the father.

*Thirdly: Mother* she receives a sixth with either of two conditions

1) An existing inheriting offspring

2) A group of two or more brothers only or sisters only or mixed from one side (paternal or maternal), or mixed inheritors or those capped by a person and not by description.

*Attention* The mother is not capped from a third to sixth if the group of brothers are capped by description and it is bondship or killing the one inherited or difference in religion.

*Fourthly: Paternal or maternal grandmother* She receives a sixth with the non existence of a mother, as for with the existence of the mother then she inherits nothing.

*Fifthly: Granddaughter (from son) or more* She receives a sixth with the condition of the existence of one daughter which receives half by obligatory share and she doesn't have with her one who will make her receive default share. Grandson (from son) or more on her rank, as for with two daughters or more then their (granddaughters) share drops due to it being utilized by the two thirds in which the daughters receive except if they (granddaughters) have with them one who will make them receive default share like a grandson (from son) on her rank or great grandson (from son) and he is called the good child.

*Attention* Every great grandson (from son) no matter how far down makes the highest grandaughter (from son) in a condition where her share of inheritance is dropped, receive default share and she is in need of him.

↪️ Every great granddaughter (from son) no matter how far down takes a sixth with the highest grandaughter (from son) whose obligatory share is half.

*Sixthly: A paternal sister or more* receives a sixth with the condition of the existence of one full sister whose obligatory share is half and she doesnt have one who will make her receive default share (paternal brother or more).

*Seventhly: Maternal siblings*

(Maternal brother or sister) they take a sixth with conditions

1) Non existing inheriting offspring

2) Non existing male ancestor

3) That they are alone (a single maternal brother or sister)

-------------------------

And this is a summary of of what is related to the book of inheritance, and all of it is agreed upon and if differing occurred then it is irregular. Except in two issues:

*The first*: The grandfather with bothers, and the correct opinion is that the grandfather is like the father he caps the brothers.

*Example:*

Grandfather l 1

Brothers l - - -

___________

*The second is sharers* 📚

And it is the utilization of the portion between the husband and the mother and maternal brothers and nothing remains for the full brothers, or their sharing in a third with maternal brothers and the correct opinion according to our Shaykh is that the portion of the full brothers drops and the inheritance is divided between the rest:

Husband half

Mother a sixth due to the existence of a group of brothers

Maternal brothers a third

The full brothers share drops due to the utilization of the obligatory inheritance.

*Example*:

____6______

Husband l 3

Mother l 1

Maternal brothers l 2

Full brothers l - - -

*The issue of Al-'Umriyyatayn*

And they are: [Husband - Mother - Father] or Wife - Mother - Father

So the mother takes a third

The husband takes half

The father takes the rest, this is the correct opinion according to our Shaykh (Yahya) may Allaah preserve him

So it will be in the issue of six (6)

Husband l 3 half

Mother l 2 third

Father l 1 remainder

-----And Allaah knows best-----

Transcribed to Arabic and summarised by:

By Hamood Ath-Thawaabi

- may Allah reward him with good -

on the 28th, Safar, 1440H

Translated by:

Abu 'Abdillah 'Omar bin Yahya Al-'Akawi

Islamic Helper