Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-02b
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The reciter: Musa ibn Isma'il narrated to us, Wahib narrated to us, Ibn Tawus narrated from his father, from Ibn Abbas (may Allah be pleased with them both), from the Prophet (peace and blessings be upon him), who said: Sahih Muslim 1615a.
The Shaykh : This hadith is almost half of the law of inheritance, because it mentions the heirs with fixed shares and the residuary heirs. Regarding the heirs with fixed shares, the Prophet (peace and blessings be upon him) stated that it is obligatory to assign their shares to them. Regarding the residuary heirs, he said:Sahih al-Bukhari 6737.
We should pause at this hadith to ask: Who are the heirs with fixed shares?
The heirs with fixed shares are defined as: those who inherit by a specified portion.
Now, the heirs with fixed shares number: ten. The husband and the wife, the mother and the father, the grandfather and the grandmother, the daughters and the granddaughters, the sisters in all cases, and the full brothers and sisters from the mother.
How many are these? These are ten, and they are the heirs with fixed shares.
As for their shares, it is simple. The husband and the wife: if the deceased has children from them, he has a share, and if he has no children, he has a share.
The husband: if the wife dies leaving her husband, and she has a son or daughter, the husband gets one-fourth, and if she has no children, he gets one-half.
The wife, or two wives, or three, or four, or five, or six, or seven, or eight, is that possible?
Now, let us say: The wife, or more than one, if the husband has children, she gets one-eighth, and if he has no children, she gets one-fourth, is that correct? It is simple.
Can a man die leaving four wives? Yes, but can he die leaving eight wives? No, absolutely not, it is not possible for a man to die leaving eight wives, but it is possible for eight wives to inherit from him.
There is a difference between these two. If I say it is possible for a man to die leaving eight wives, it means the wives are in his possession (married to him). But if I say it is possible for eight wives to inherit from him, that is correct. Do you understand the difference, everyone? Good.
It is never possible for a person to die leaving eight wives, but it is possible for eight wives to inherit from him. Good.
An example: A man is ill with a fatal illness and has four women. One day he became angry with them, and he had already divorced each of them twice. What remained for him? One divorce. He said, "All four of you are divorced, all of you are divorced." Was it a final divorce or a revocable divorce? A final divorce. Their waiting periods ended. Let us suppose that each one, when he divorced her, was in labor, and they all gave birth after half an hour. They exited their waiting periods, is that correct? Good. After they exited their waiting periods, he married all four in one night, and then he died. How many inherit from him?
Eight wives. The first four wives inherit from him because he is suspected of intending to deprive them, and the other four wives inherit from him because they are his wives; he died while they were in his possession.
In any case, one wife or more, if her husband has a child, she inherits one-eighth, and if he has no child, she inherits one-fourth.
The father and the mother. The mother either inherits one-third, or one-sixth, or one-third of the remainder; she has nothing else. Either she inherits one-third, or one-sixth, or one-third of the remainder.
She inherits one-third of the remainder in one of the two 'Umar cases, or let us say in the two 'Umar cases, there is no obstacle. She inherits one-third of the remainder in the two 'Umar cases, which are: a husband, a mother, and a father, or a wife, a mother, and a father. These are the two 'Umar cases, and they are named after the Commander of the Faithful, 'Umar (may Allah be pleased with him), because he was the first to rule by them.
How do we distribute the inheritance? We say: if the case is a husband, a mother, and a father, then the case is from six: meaning we divide the wealth into six shares. The husband gets one-half, which is three, the mother gets one-third of the remainder, which is one, and the father gets the remainder, which is two. Complete? Good.
The second 'Umar case: if a man dies leaving his wife, his mother, and his father, then the case is from four. The wife gets one-fourth, which is one, the mother gets one-third of the remainder, which is one, and the father gets the remainder.
If the case is not one of the two 'Umar cases, and there is a descending heir or a number of siblings, the mother gets one-sixth. An example: a person dies leaving a mother, a father, and a son. The mother gets one-sixth, the father gets one-sixth, and the remainder goes to the son.
Another example with a group of siblings: if a person dies leaving a mother, two brothers from the mother, and a full paternal uncle, how much does the mother get?
One-sixth. Why? Because of the presence of a group of siblings. The brothers from the mother get one-third, which is two, and the remainder goes to the full paternal uncle.
If the case is not one of the two 'Umar cases, and there is no descending heir and no number of siblings, the mother gets one-third.
So the mother has three situations: either she inherits one-third of the remainder, or one-sixth, or one-third of the whole, one-third of the entire wealth.
Now, the father is easier than her. If there is a male descending heir with him, the father gets only one-sixth. If there is a female descending heir, the father gets one-sixth as a fixed share, and if anything remains, he takes it as a residuary heir. If there is no descending heir, the father inherits as a residuary heir; he has no specified share, he inherits as a residuary heir.
The two spouses and the two parents.
Who comes next? The daughters.
Yes, the grandmother.
The grandmother gets only one-sixth, whether she is one or multiple, on the condition that there is no mother or a grandmother closer to the deceased before her. If there is a mother or a grandmother closer to the deceased before her, she gets nothing.
So if a person dies leaving his mother and his father's mother, his father's mother gets nothing. Why? Because of the presence of the mother.
And if a person dies leaving his father's mother and his grandfather's mother, his father's mother and his grandfather's mother, the father's mother takes it because she is closer.
And if a person dies leaving his mother's mother and his father's mother, they share the one-sixth.
The grandfather is like the father.
The daughters, as in this hadith: if there are males with them, they inherit as residuary heirs, the male getting the share of two females. If there are no males with them, one daughter gets one-half, and two or more daughters get two-thirds.
The sisters are like the daughters, but on the condition that there is no descending heir and no male from the ascending line. Because the descending heir changes the inheritance of the sisters, and a male from the ascending line, according to the stronger opinion, excludes the sisters in all cases.
The brothers and sisters from the mother: the inheritance of one is one-sixth, and the inheritance of two or more is one-third, on the condition that there is no descending heir and no male from the ascending line who is an heir.
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 ذكرThe Shaykh : This hadith is almost half of the law of inheritance, because it mentions the heirs with fixed shares and the residuary heirs. Regarding the heirs with fixed shares, the Prophet (peace and blessings be upon him) stated that it is obligatory to assign their shares to them. Regarding the residuary heirs, he said:
and then whatever remains, should be given to the closest male relative of the deceased.
فما بقي فلأولى رجل ذكرWe should pause at this hadith to ask: Who are the heirs with fixed shares?
The heirs with fixed shares are defined as: those who inherit by a specified portion.
Now, the heirs with fixed shares number: ten. The husband and the wife, the mother and the father, the grandfather and the grandmother, the daughters and the granddaughters, the sisters in all cases, and the full brothers and sisters from the mother.
How many are these? These are ten, and they are the heirs with fixed shares.
As for their shares, it is simple. The husband and the wife: if the deceased has children from them, he has a share, and if he has no children, he has a share.
The husband: if the wife dies leaving her husband, and she has a son or daughter, the husband gets one-fourth, and if she has no children, he gets one-half.
The wife, or two wives, or three, or four, or five, or six, or seven, or eight, is that possible?
Now, let us say: The wife, or more than one, if the husband has children, she gets one-eighth, and if he has no children, she gets one-fourth, is that correct? It is simple.
Can a man die leaving four wives? Yes, but can he die leaving eight wives? No, absolutely not, it is not possible for a man to die leaving eight wives, but it is possible for eight wives to inherit from him.
There is a difference between these two. If I say it is possible for a man to die leaving eight wives, it means the wives are in his possession (married to him). But if I say it is possible for eight wives to inherit from him, that is correct. Do you understand the difference, everyone? Good.
It is never possible for a person to die leaving eight wives, but it is possible for eight wives to inherit from him. Good.
An example: A man is ill with a fatal illness and has four women. One day he became angry with them, and he had already divorced each of them twice. What remained for him? One divorce. He said, "All four of you are divorced, all of you are divorced." Was it a final divorce or a revocable divorce? A final divorce. Their waiting periods ended. Let us suppose that each one, when he divorced her, was in labor, and they all gave birth after half an hour. They exited their waiting periods, is that correct? Good. After they exited their waiting periods, he married all four in one night, and then he died. How many inherit from him?
Eight wives. The first four wives inherit from him because he is suspected of intending to deprive them, and the other four wives inherit from him because they are his wives; he died while they were in his possession.
In any case, one wife or more, if her husband has a child, she inherits one-eighth, and if he has no child, she inherits one-fourth.
The father and the mother. The mother either inherits one-third, or one-sixth, or one-third of the remainder; she has nothing else. Either she inherits one-third, or one-sixth, or one-third of the remainder.
She inherits one-third of the remainder in one of the two 'Umar cases, or let us say in the two 'Umar cases, there is no obstacle. She inherits one-third of the remainder in the two 'Umar cases, which are: a husband, a mother, and a father, or a wife, a mother, and a father. These are the two 'Umar cases, and they are named after the Commander of the Faithful, 'Umar (may Allah be pleased with him), because he was the first to rule by them.
How do we distribute the inheritance? We say: if the case is a husband, a mother, and a father, then the case is from six: meaning we divide the wealth into six shares. The husband gets one-half, which is three, the mother gets one-third of the remainder, which is one, and the father gets the remainder, which is two. Complete? Good.
The second 'Umar case: if a man dies leaving his wife, his mother, and his father, then the case is from four. The wife gets one-fourth, which is one, the mother gets one-third of the remainder, which is one, and the father gets the remainder.
If the case is not one of the two 'Umar cases, and there is a descending heir or a number of siblings, the mother gets one-sixth. An example: a person dies leaving a mother, a father, and a son. The mother gets one-sixth, the father gets one-sixth, and the remainder goes to the son.
Another example with a group of siblings: if a person dies leaving a mother, two brothers from the mother, and a full paternal uncle, how much does the mother get?
One-sixth. Why? Because of the presence of a group of siblings. The brothers from the mother get one-third, which is two, and the remainder goes to the full paternal uncle.
If the case is not one of the two 'Umar cases, and there is no descending heir and no number of siblings, the mother gets one-third.
So the mother has three situations: either she inherits one-third of the remainder, or one-sixth, or one-third of the whole, one-third of the entire wealth.
Now, the father is easier than her. If there is a male descending heir with him, the father gets only one-sixth. If there is a female descending heir, the father gets one-sixth as a fixed share, and if anything remains, he takes it as a residuary heir. If there is no descending heir, the father inherits as a residuary heir; he has no specified share, he inherits as a residuary heir.
The two spouses and the two parents.
Who comes next? The daughters.
Yes, the grandmother.
The grandmother gets only one-sixth, whether she is one or multiple, on the condition that there is no mother or a grandmother closer to the deceased before her. If there is a mother or a grandmother closer to the deceased before her, she gets nothing.
So if a person dies leaving his mother and his father's mother, his father's mother gets nothing. Why? Because of the presence of the mother.
And if a person dies leaving his father's mother and his grandfather's mother, his father's mother and his grandfather's mother, the father's mother takes it because she is closer.
And if a person dies leaving his mother's mother and his father's mother, they share the one-sixth.
The grandfather is like the father.
The daughters, as in this hadith: if there are males with them, they inherit as residuary heirs, the male getting the share of two females. If there are no males with them, one daughter gets one-half, and two or more daughters get two-thirds.
The sisters are like the daughters, but on the condition that there is no descending heir and no male from the ascending line. Because the descending heir changes the inheritance of the sisters, and a male from the ascending line, according to the stronger opinion, excludes the sisters in all cases.
The brothers and sisters from the mother: the inheritance of one is one-sixth, and the inheritance of two or more is one-third, on the condition that there is no descending heir and no male from the ascending line who is an heir.