Who are the 'asabah in the matter of inheritance?
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The questioner : He asks about the 'asabah in the matter of inheritance, saying: Who are the 'asabah?
The Shaykh : The 'asabah are those who inherit without a fixed share.
The questioner : Yes.
The Shaykh : This is because the heirs are divided into two categories: a category for whom their share is fixed, such as the spouses, the parents, the daughters, the granddaughters, the full sisters, the paternal half-sisters, and the maternal half-sisters; and a category for whom the share is not fixed. Those for whom the share is fixed are the owners of fixed shares (dhuww al-furud), and those for whom the share is not fixed are the 'asabah. The 'asib is the one who inherits without a fixed share. His ruling is that if he is alone, he takes the entire estate. If there is an owner of a fixed share with him, he takes what remains after the fixed share. If the fixed shares exhaust the estate, he is excluded.
An example of this is the full brother. If a person dies leaving a full brother and no other heir, the entire estate belongs to him. If a person dies leaving a daughter and a full brother, the daughter gets half and the remainder goes to the full brother. If a person dies leaving a husband, a full sister, and a paternal half-brother, the husband gets half, the full sister gets half, and the paternal half-brother gets nothing. This is the 'asib.
So the 'asib is the one who inherits without a fixed share. It should be known that no one from the distant relatives (al-hawashi) inherits if they are female, except the paternal half-sisters, maternal half-sisters, or full sisters. If a person dies leaving an uncle and an aunt, the estate belongs to the uncle and the aunt gets nothing. If a person dies leaving a nephew and his sister (who is the daughter of the brother), the daughter of the brother gets nothing alongside her brother, because no female from the distant relatives inherits except the sisters. Yes.
The questioner : May Allah reward you. The listener Hamadi also has a final question, saying: O honorable Shaykh.
The Shaykh : The 'asabah are those who inherit without a fixed share.
The questioner : Yes.
The Shaykh : This is because the heirs are divided into two categories: a category for whom their share is fixed, such as the spouses, the parents, the daughters, the granddaughters, the full sisters, the paternal half-sisters, and the maternal half-sisters; and a category for whom the share is not fixed. Those for whom the share is fixed are the owners of fixed shares (dhuww al-furud), and those for whom the share is not fixed are the 'asabah. The 'asib is the one who inherits without a fixed share. His ruling is that if he is alone, he takes the entire estate. If there is an owner of a fixed share with him, he takes what remains after the fixed share. If the fixed shares exhaust the estate, he is excluded.
An example of this is the full brother. If a person dies leaving a full brother and no other heir, the entire estate belongs to him. If a person dies leaving a daughter and a full brother, the daughter gets half and the remainder goes to the full brother. If a person dies leaving a husband, a full sister, and a paternal half-brother, the husband gets half, the full sister gets half, and the paternal half-brother gets nothing. This is the 'asib.
So the 'asib is the one who inherits without a fixed share. It should be known that no one from the distant relatives (al-hawashi) inherits if they are female, except the paternal half-sisters, maternal half-sisters, or full sisters. If a person dies leaving an uncle and an aunt, the estate belongs to the uncle and the aunt gets nothing. If a person dies leaving a nephew and his sister (who is the daughter of the brother), the daughter of the brother gets nothing alongside her brother, because no female from the distant relatives inherits except the sisters. Yes.
The questioner : May Allah reward you. The listener Hamadi also has a final question, saying: O honorable Shaykh.