Inheritance of the Ancestors
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The Shaykh : The ancestors: After mentioning the inheritance of the descendants, he mentioned the inheritance of the ancestors. He began with the inheritance of the descendants because they are closer to their parents than the parents are to their children. How is that?
Because a descendant is a part of his ancestor, but the ancestor is not a part of his descendant. The Prophet (peace and blessings be upon him) said: Therefore, Allah began by mentioning the inheritance of the descendants because they are closer to their parents than the parents are to their children.
Then he moved on to mentioning the inheritance of the ancestors, and He, the Exalted, said: Who are the two parents? The father and the mother. The term "two parents" is applied to them by preference and honor, because the honor of maleness is higher than the honor of femaleness. Therefore, the name "father" prevails over the name "mother."
[An-Nisa 4:11] Allah mentioned the inheritance of the two parents and divided it: If he has a child, and by "child" are meant sons and daughters, i.e., males and females, [An-Nisa 4:11] meaning the deceased has a child, then each of them gets one-sixth. So, with a child, they inherit one-sixth. Whether the child is male or female, singular or plural, each of them gets one-sixth, no more.
So if a person dies leaving behind a father and a son, the father gets one-sixth. If he leaves behind a mother and a son, the mother gets one-sixth. If he leaves behind a mother, a father, and a son, each of them gets one-sixth.
Now, if the children are females, or we can also say that the children who are with the two parents are either pure males, pure females, or both males and females. If they are pure males, the two parents get only one-sixth each. If they are both males and females, the two parents get only one-sixth each.
If they are females only, then the females take their share, and if anything remains, it goes to the father as a residuary heir. But is one-sixth assigned to him or not? Yes, one-sixth is assigned to him.
So if a person dies leaving behind a mother, a father, and a daughter, the daughter gets one-half, the mother gets one-sixth, and the father gets one-sixth. How much remains?
One part remains. The remainder goes to the father as a residuary heir, based on the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1615a.
Now, if he dies leaving behind two parents and two daughters, the fixed share of the two parents is now one-sixth. The mother gets one-sixth and the father gets one-sixth, and the two daughters get two-thirds. What remains? Nothing remains.
That is complete. I think it is clear, if Allah wills.
The father and mother, along with the children, have three situations:
With pure males, they get only the fixed share, which is one-sixth each.
With pure females, each gets one-sixth, and if anything remains after the daughters' fixed share, who takes it? The father, as a residuary heir.
With females and males, they get only one-sixth each.
Allah, the Exalted, said:[An-Nisa 4:11]
The first condition is clear: if he has no child. The second condition is conjoined to the first condition:[An-Nisa 4:11]. An example is: if he dies leaving behind his mother and his father, the mother gets one-third and the remainder goes to the father.
If someone asks: How did you say the remainder goes to the father?
We say: Because two persons share a right, and the share of one of them is determined, so the remainder definitely goes to the other. Just as if I said, for example, I gave a person money as a profit-sharing partnership, and I said, "So-and-so, this money is a profit-sharing partnership with you, and you get a quarter of the profit." Now, what about the remainder? It belongs to the owner of the money.
This is because when Allah, the Exalted, said: and was silent about the father, we knew that he gets the remainder. This is because when a right is shared between two persons and the share of one is determined, the remainder goes to the other.
Now, Allah, the Exalted, set two conditions: that he has no child, and that his two parents inherit from him.
Now, if he has no child and someone inherits from him along with his two parents, the ruling differs, because the condition is not met. This only happens in the two cases of the grandparents.
Because a descendant is a part of his ancestor, but the ancestor is not a part of his descendant. The Prophet (peace and blessings be upon him) said:
Fatimah is a part of me
فاطمة بضعة منيThen he moved on to mentioning the inheritance of the ancestors, and He, the Exalted, said:
And to the two parents
ولأبويهto each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [or sisters], for his mother is a sixth
لكل واحد منهما السدس مما ترك إن كان له ولد فإن لم يكن ولد وورثه أبواه فلأمه الثلث فإن كان له إخوة فلأمه السدسif he left children
إن كان لهChild
ولدSo if a person dies leaving behind a father and a son, the father gets one-sixth. If he leaves behind a mother and a son, the mother gets one-sixth. If he leaves behind a mother, a father, and a son, each of them gets one-sixth.
Now, if the children are females, or we can also say that the children who are with the two parents are either pure males, pure females, or both males and females. If they are pure males, the two parents get only one-sixth each. If they are both males and females, the two parents get only one-sixth each.
If they are females only, then the females take their share, and if anything remains, it goes to the father as a residuary heir. But is one-sixth assigned to him or not? Yes, one-sixth is assigned to him.
So if a person dies leaving behind a mother, a father, and a daughter, the daughter gets one-half, the mother gets one-sixth, and the father gets one-sixth. How much remains?
One part remains. The remainder goes to the father as a residuary heir, based on the saying of the Prophet (peace and blessings be upon him):
Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir.
ألحقوا الفرائض بأهلها فما بقي فهو لأولى رجل ذكرNow, if he dies leaving behind two parents and two daughters, the fixed share of the two parents is now one-sixth. The mother gets one-sixth and the father gets one-sixth, and the two daughters get two-thirds. What remains? Nothing remains.
That is complete. I think it is clear, if Allah wills.
The father and mother, along with the children, have three situations:
With pure males, they get only the fixed share, which is one-sixth each.
With pure females, each gets one-sixth, and if anything remains after the daughters' fixed share, who takes it? The father, as a residuary heir.
With females and males, they get only one-sixth each.
Allah, the Exalted, said:
But if he had no children and the parents [alone] inherit from him, then for his mother is one third
فإن لم يكن له ولد وورثه أبواه فلأمه الثلثThe first condition is clear: if he has no child. The second condition is conjoined to the first condition:
and the parents [alone] inherit from him, then for his mother is one third
وورثه أبواه فلأمه الثلثIf someone asks: How did you say the remainder goes to the father?
We say: Because two persons share a right, and the share of one of them is determined, so the remainder definitely goes to the other. Just as if I said, for example, I gave a person money as a profit-sharing partnership, and I said, "So-and-so, this money is a profit-sharing partnership with you, and you get a quarter of the profit." Now, what about the remainder? It belongs to the owner of the money.
This is because when Allah, the Exalted, said:
Then for his mother is one-third
فلأمه الثلثNow, Allah, the Exalted, set two conditions: that he has no child, and that his two parents inherit from him.
Now, if he has no child and someone inherits from him along with his two parents, the ruling differs, because the condition is not met. This only happens in the two cases of the grandparents.