Is it possible for four inheriting grandmothers to be present in a single inheritance case?
Machine translationRead the Arabic original
The questioner : As for the grandmothers, there are four.
The Shaykh : Hmm?
The questioner : Good, you brought it up.
The Shaykh : Here, I found it.
The questioner : Allah knows best. Yes.
The Shaykh : After we reached the point of disagreement and agreement, give it to me and let’s see.
The questioner : Allah knows best. She is the mother of the mother of the mother of the mother. How many degrees? Four degrees.
The Shaykh : Hmm?
The questioner : And the mother of the father of the father of the father, the third is the mother of the mother of the mother of the father, and the fourth is the mother of the mother of the father of the father.
The Shaykh : Yes, that is correct. That means, if you want to gather more grandmothers, raise the degree and you will get as many grandmothers as you wish, but the problem is that the well-known position in the Hanbali school of jurisprudence is that whoever is connected through a father who is higher than the grandfather
The questioner : is excluded.
The Shaykh : She is among the dhawu al-rahim (relatives without a fixed share), and she does not inherit at all. However, the correct view is that every grandmother who is connected through an inheritor is an inheritor, even if it is Hawwa, do you know who Hawwa is? Or a grandmother named Hawl. In any case, the correct view is that everyone who is connected through an inheritor is an inheritor. For example, the mother of the father of the father of the father of the father of the father. Is this the stronger position? The mother of the father of the mother.
The questioner : He does not want it. He does not want it.
The Shaykh : In the case of the mother, Salih. The mother of the father of the mother does not inherit, because we have a rule that every male among the ancestors who has a female between him and the deceased does not inherit, and whoever is connected through someone who does not inherit does not inherit. The father of the mother does not inherit. If we found, for example, the father of the father of the father of the father of the father of the father, which is five degrees, and the father of the mother.
The questioner : This means five degrees.
The Shaykh : This does not inherit. The father of the mother, why? Because there is a female between him and the deceased, just as the son of a daughter does not inherit because there is a female between him and the deceased. Is that clear, everyone? The mother of the mother and the father of the mother, what do you say? I say the mother of the mother and the father of the mother.
The questioner : The mother of the mother, like this.
The Shaykh : And her husband. The father of the mother, the wife inherits and the husband does not? Make sure. You see, the problem of grandfathers is a problem. Yes, are you sure? Do you agree with him? Okay, explain the reason.
The questioner : This is between him and the deceased.
The Shaykh : Because this one is a male between him and the deceased, and this one is a female, and there is only a female between her and the deceased. And a person might be surprised by this, Glory be to Allah, how is it that the father of the mother does not inherit and the mother of the mother inherits? But it is said that Allah, Glorified and Exalted is He, said in the verses of inheritance:[An-Nisa 4:11] We do not know; this is something with Allah, Mighty and Majestic.
The questioner : A point, move on.
The Shaykh : The time is up. All right.
The Shaykh : Hmm?
The questioner : Good, you brought it up.
The Shaykh : Here, I found it.
The questioner : Allah knows best. Yes.
The Shaykh : After we reached the point of disagreement and agreement, give it to me and let’s see.
The questioner : Allah knows best. She is the mother of the mother of the mother of the mother. How many degrees? Four degrees.
The Shaykh : Hmm?
The questioner : And the mother of the father of the father of the father, the third is the mother of the mother of the mother of the father, and the fourth is the mother of the mother of the father of the father.
The Shaykh : Yes, that is correct. That means, if you want to gather more grandmothers, raise the degree and you will get as many grandmothers as you wish, but the problem is that the well-known position in the Hanbali school of jurisprudence is that whoever is connected through a father who is higher than the grandfather
The questioner : is excluded.
The Shaykh : She is among the dhawu al-rahim (relatives without a fixed share), and she does not inherit at all. However, the correct view is that every grandmother who is connected through an inheritor is an inheritor, even if it is Hawwa, do you know who Hawwa is? Or a grandmother named Hawl. In any case, the correct view is that everyone who is connected through an inheritor is an inheritor. For example, the mother of the father of the father of the father of the father of the father. Is this the stronger position? The mother of the father of the mother.
The questioner : He does not want it. He does not want it.
The Shaykh : In the case of the mother, Salih. The mother of the father of the mother does not inherit, because we have a rule that every male among the ancestors who has a female between him and the deceased does not inherit, and whoever is connected through someone who does not inherit does not inherit. The father of the mother does not inherit. If we found, for example, the father of the father of the father of the father of the father of the father, which is five degrees, and the father of the mother.
The questioner : This means five degrees.
The Shaykh : This does not inherit. The father of the mother, why? Because there is a female between him and the deceased, just as the son of a daughter does not inherit because there is a female between him and the deceased. Is that clear, everyone? The mother of the mother and the father of the mother, what do you say? I say the mother of the mother and the father of the mother.
The questioner : The mother of the mother, like this.
The Shaykh : And her husband. The father of the mother, the wife inherits and the husband does not? Make sure. You see, the problem of grandfathers is a problem. Yes, are you sure? Do you agree with him? Okay, explain the reason.
The questioner : This is between him and the deceased.
The Shaykh : Because this one is a male between him and the deceased, and this one is a female, and there is only a female between her and the deceased. And a person might be surprised by this, Glory be to Allah, how is it that the father of the mother does not inherit and the mother of the mother inherits? But it is said that Allah, Glorified and Exalted is He, said in the verses of inheritance:
Your parents or your children - you know not which of them are nearest to you in benefit
آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًاThe questioner : A point, move on.
The Shaykh : The time is up. All right.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 83 - 83 هل يمكن أن تجتمع أربع جدات وارثات في مسألة واحدة؟ فوائد من شرح البرهانية - الشيخ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.