Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02a
Machine translationRead the Arabic original
The reciter: Mahmud narrated to us: Ubayd Allah informed us, from Isra'il, from Abu Husayn, from Abu Salih, from Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said: Sahih al-Bukhari 6745 "Kull" means dependents.
The Shaykh : Let's look at this issue, everyone. It is a strange case. Two cousins, one of whom is a maternal brother, and the other is a husband. The second is a husband. It seems everyone can visualize it: two cousins, one is a husband and the other is a maternal brother.
The fact that one of them is a husband makes it easy; perhaps everyone can visualize it. So, who will visualize it for us? Two cousins, one of whom is a husband? Salim? Did you visualize the case?
The student: Two brothers, one of whom married his cousin, and then she died, leaving behind her two cousins. The other one is her maternal brother.
The Shaykh : Wait, let each person do it on his own.
The student: He becomes her husband and her cousin.
The Shaykh : He becomes her husband, so he gets half, and the remaining half is between her husband and her brother, a quarter for the husband and a quarter for the brother. That means the husband gets three quarters. We will complete it after the adhan, if Allah wills.
The student: He takes half in his capacity as a husband, and the remaining half is between him and his brother; he takes a quarter and his brother takes a quarter.
The Shaykh : The remainder is for them as 'asabah (residuary heirs), so the husband gets three quarters, and the other gets a quarter.
Good, do we need the second scenario?
The student: I didn't understand?
The Shaykh : Two cousins, one is Muhammad and the other is Ali. They have a female cousin named Zaynab, right? Muhammad married Zaynab, and then she died, leaving him behind. We say: he inherits from her by virtue of the marriage, how much? Half, in his capacity as a husband. And he has the remainder with his brother, in their capacity as 'asabah (residuary heirs). So, the husband gets three quarters: half by the marriage and a quarter by the 'asabah, and his brother gets a quarter by the 'asabah...
Good, the second scenario: two cousins, one of whom is a maternal brother. Who will visualize it for us?
The student: ...
The Shaykh : ...
I will give a clearer example. A man died, and his brother left behind two sons. A man named Muhammad, his brother Abdullah died, leaving behind two sons, right or not? Then this man who remained, whose brother died, married his brother's wife after his death, and she gave birth to a daughter. The brother who died first had two sons, one from this woman and the other from another woman. Is it clear now?
If she gave birth to a daughter or a son from his brother, this daughter becomes a sister to one of them. If she dies, leaving them behind, her cousin who is her maternal brother inherits from her in his capacity as a maternal brother. Correct? How much does he inherit? One-sixth. The maternal brother gets one-sixth, and the remainder is divided between him and his brother by 'asabah (residuary inheritance). That is all.
We need the third scenario: where one of the two sons is a maternal brother and the other is a husband? The one al-Bukhari mentioned.
That is, two cousins, one of whom is a husband and the other is a maternal brother, and a female cousin of theirs died, leaving them behind. Wait, Khalid, wait, Ahmad. Do you understand what my question is now? A woman died, leaving behind her two cousins, one of whom is her husband and the other is her maternal brother at the same time?
The student: ...
The Shaykh : In one case, we combined one being a husband and the other being a maternal brother, whereas in the first example, we visualized each one separately.
The student: ...
The Shaykh : No, there is a difference between them. We combined the two scenarios into one. In the first, one is only a cousin, and the other is a husband. Now, one is a cousin and a maternal brother, and the other is a cousin and a husband. Clear? Now, how do we divide it?
Let's repeat it: A man has two sons, one from a wife and the other from another wife. He died, and then his brother married his wife after his death, and she gave birth to a daughter, and his cousin from the other wife married her. He is not her maternal cousin, no, he is her cousin from the other wife. Now, the two men are cousins, one is a husband and the other is a maternal brother. The woman died, leaving behind whom? Her husband and her maternal brother.
Good, we say the case is based on six. Her husband gets half, which is three. And her maternal brother, who is the second cousin, gets one-sixth, which is one. Two remain. The remainder is for them both, and they divide it because they are 'asabah (residuary heirs). So, the husband now gets four, and the maternal brother gets two: one by the fixed share and one by the 'asabah. And the husband has four: three by the fixed share and one by the 'asabah.
I am more closer to the believers than their ownselves, so whoever (among them) dies leaving some inheritance, his inheritance will be given to his 'Asaba, and whoever dies leaving a debt or dependants or destitute children, then I am their supporter.
أنا أولى بالمؤمنين من أنفسهم، فمن مات وترك مالا فماله لموالي العصبة، ومن ترك كلا أو ضياعا فأنا وليه، فلأدعى لهThe Shaykh : Let's look at this issue, everyone. It is a strange case. Two cousins, one of whom is a maternal brother, and the other is a husband. The second is a husband. It seems everyone can visualize it: two cousins, one is a husband and the other is a maternal brother.
The fact that one of them is a husband makes it easy; perhaps everyone can visualize it. So, who will visualize it for us? Two cousins, one of whom is a husband? Salim? Did you visualize the case?
The student: Two brothers, one of whom married his cousin, and then she died, leaving behind her two cousins. The other one is her maternal brother.
The Shaykh : Wait, let each person do it on his own.
The student: He becomes her husband and her cousin.
The Shaykh : He becomes her husband, so he gets half, and the remaining half is between her husband and her brother, a quarter for the husband and a quarter for the brother. That means the husband gets three quarters. We will complete it after the adhan, if Allah wills.
The student: He takes half in his capacity as a husband, and the remaining half is between him and his brother; he takes a quarter and his brother takes a quarter.
The Shaykh : The remainder is for them as 'asabah (residuary heirs), so the husband gets three quarters, and the other gets a quarter.
Good, do we need the second scenario?
The student: I didn't understand?
The Shaykh : Two cousins, one is Muhammad and the other is Ali. They have a female cousin named Zaynab, right? Muhammad married Zaynab, and then she died, leaving him behind. We say: he inherits from her by virtue of the marriage, how much? Half, in his capacity as a husband. And he has the remainder with his brother, in their capacity as 'asabah (residuary heirs). So, the husband gets three quarters: half by the marriage and a quarter by the 'asabah, and his brother gets a quarter by the 'asabah...
Good, the second scenario: two cousins, one of whom is a maternal brother. Who will visualize it for us?
The student: ...
The Shaykh : ...
I will give a clearer example. A man died, and his brother left behind two sons. A man named Muhammad, his brother Abdullah died, leaving behind two sons, right or not? Then this man who remained, whose brother died, married his brother's wife after his death, and she gave birth to a daughter. The brother who died first had two sons, one from this woman and the other from another woman. Is it clear now?
If she gave birth to a daughter or a son from his brother, this daughter becomes a sister to one of them. If she dies, leaving them behind, her cousin who is her maternal brother inherits from her in his capacity as a maternal brother. Correct? How much does he inherit? One-sixth. The maternal brother gets one-sixth, and the remainder is divided between him and his brother by 'asabah (residuary inheritance). That is all.
We need the third scenario: where one of the two sons is a maternal brother and the other is a husband? The one al-Bukhari mentioned.
That is, two cousins, one of whom is a husband and the other is a maternal brother, and a female cousin of theirs died, leaving them behind. Wait, Khalid, wait, Ahmad. Do you understand what my question is now? A woman died, leaving behind her two cousins, one of whom is her husband and the other is her maternal brother at the same time?
The student: ...
The Shaykh : In one case, we combined one being a husband and the other being a maternal brother, whereas in the first example, we visualized each one separately.
The student: ...
The Shaykh : No, there is a difference between them. We combined the two scenarios into one. In the first, one is only a cousin, and the other is a husband. Now, one is a cousin and a maternal brother, and the other is a cousin and a husband. Clear? Now, how do we divide it?
Let's repeat it: A man has two sons, one from a wife and the other from another wife. He died, and then his brother married his wife after his death, and she gave birth to a daughter, and his cousin from the other wife married her. He is not her maternal cousin, no, he is her cousin from the other wife. Now, the two men are cousins, one is a husband and the other is a maternal brother. The woman died, leaving behind whom? Her husband and her maternal brother.
Good, we say the case is based on six. Her husband gets half, which is three. And her maternal brother, who is the second cousin, gets one-sixth, which is one. Two remain. The remainder is for them both, and they divide it because they are 'asabah (residuary heirs). So, the husband now gets four, and the maternal brother gets two: one by the fixed share and one by the 'asabah. And the husband has four: three by the fixed share and one by the 'asabah.