Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02b
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The reciter: In the name of Allah, the Most Merciful, the Most Compassionate. Al-Bukhari (may Allah have mercy on him) said:
Mahmud ibn Ghaylan narrated to us, Abu al-Nadr narrated to us, Abu Mu'awiyah Shayban narrated to us, from Ash'ath, from al-Aswad ibn Yazid, who said:.
The Shaykh : He gave the daughter half as an obligatory share, and the sister half as a residuary share.
In this is evidence that there is no harm in a person describing a residuary share as an obligatory share, for example saying: the mother gets one-third and the father gets two-thirds, especially if you are speaking to a layperson. However, if you are speaking in a scholarly gathering, what you should say is that the remainder is in the category of residuary shares, due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 6737.
Now, what if it was an aunt instead of a sister?
The entire wealth belongs to the daughter, because the aunt is a relative by blood, whether by obligatory share or by return.
Mahmud ibn Ghaylan narrated to us, Abu al-Nadr narrated to us, Abu Mu'awiyah Shayban narrated to us, from Ash'ath, from al-Aswad ibn Yazid, who said:
Mu'adh ibn Jabal came to us in Yemen as a teacher and a governor, so we asked him about a man who died and left behind his daughter and his sister, so he gave the daughter half and the sister half.
أتانا معاذ بن جبل، باليمن معلما وأميرا، فسألناه عن رجل : توفي وترك ابنته وأخته، فأعطى الابنة النصف والأخت النصفThe Shaykh : He gave the daughter half as an obligatory share, and the sister half as a residuary share.
In this is evidence that there is no harm in a person describing a residuary share as an obligatory share, for example saying: the mother gets one-third and the father gets two-thirds, especially if you are speaking to a layperson. However, if you are speaking in a scholarly gathering, what you should say is that the remainder is in the category of residuary shares, due to the saying of the Prophet (peace and blessings be upon him):
Give the Fara'id, (the shares prescribed in the Qur'an) to those who are entitled to receive it, and then whatever remains, should be given to the closest male relative of the deceased.
ألحقوا الفرائض بأهلها فما بقي فلأولى رجل ذكرNow, what if it was an aunt instead of a sister?
The entire wealth belongs to the daughter, because the aunt is a relative by blood, whether by obligatory share or by return.