The Meaning of the Term 'Asabah in Inheritance
Machine translationRead the Arabic original
Question:
May Allah reward you with good, and may He do you good. What is the meaning of 'asabah in inheritance?
Answer:
The 'asabah are all... The 'asabah in inheritance, or every heir who is not among those with fixed shares. Some scholars of inheritance said that the 'asib (the one who inherits by right of kinship) is the one who inherits without a specified amount. If he is alone, he takes the entire estate. If he is with those who have fixed shares, he takes what remains after the fixed shares. If the fixed shares exhaust the estate, he is excluded and has no right. This is the 'asib.
His saying (peace and blessings be upon him) that "the fixed shares are for their rightful owners,"Sunan al-Bayhaqi 9:708, this is the 'asib. He is the one who inherits without a specified amount. This is the opposite of the one with a fixed share, because the one with a fixed share inherits by a measure determined by Allah (Glorified and Exalted is He), such as half, a quarter, an eighth, two-thirds, one-third, or one-sixth. These are the fixed shares determined in the Book of Allah (Mighty and Majestic). No
May Allah reward you with good, and may He do you good. What is the meaning of 'asabah in inheritance?
Answer:
The 'asabah are all... The 'asabah in inheritance, or every heir who is not among those with fixed shares. Some scholars of inheritance said that the 'asib (the one who inherits by right of kinship) is the one who inherits without a specified amount. If he is alone, he takes the entire estate. If he is with those who have fixed shares, he takes what remains after the fixed shares. If the fixed shares exhaust the estate, he is excluded and has no right. This is the 'asib.
His saying (peace and blessings be upon him) that "the fixed shares are for their rightful owners,"
And what remains after the fixed shares is for the nearest male relative.
فما أبقت الفرائض فلأولى رجل ذكر
Source
قناة «العلامة الدكتور صالح الفوزان»، 4947- المقصود بكلمة العصبة في الميراث - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
