The Meaning of Their Saying: He Inherits by Proximity
Machine translationRead the Arabic original
The questioner:
I say, Honorable Shaykh.
The Shaykh:
May Allah greet you.
The questioner:
What is the meaning of the phrase "he inherits by proximity"? Does it mean that he inherits the entire remainder?
The Shaykh:
The one who inherits by proximity takes the entire estate if he is alone. There are three cases for the one who inherits by proximity: if he is alone, he takes the entire estate; if he is with a person who has a fixed share, he takes what the fixed shares leave over; and if the fixed shares exhaust the estate, he is excluded and has nothing. Yes.
I say, Honorable Shaykh.
The Shaykh:
May Allah greet you.
The questioner:
What is the meaning of the phrase "he inherits by proximity"? Does it mean that he inherits the entire remainder?
The Shaykh:
The one who inherits by proximity takes the entire estate if he is alone. There are three cases for the one who inherits by proximity: if he is alone, he takes the entire estate; if he is with a person who has a fixed share, he takes what the fixed shares leave over; and if the fixed shares exhaust the estate, he is excluded and has nothing. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 071 من 123 / شرح كتاب زاد المستقنع / الفرائض / صالح الفوزان / الفقه / كبار العلماء — youtube.com (55:15)
The Arabic text is a machine transcription of the audio recording.