What is the correct way to clarify the status of the descending heir?
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Question:
In the science of inheritance, one of the conditions for inheritance is "the absence of a descending heir." Some scholars are content with saying: "the absence of a descending heir"...
Answer:
"The absence of existence" is clearer, such as in the case of brothers and others. Sisters and brothers do not inherit in the presence of a descending heir, except as residuary heirs. Likewise, the father is not given a share as a residuary heir except in the absence of a descending heir. The mother is given one-sixth in the presence of a descending heir. This is different; the rulings differ.
Q: Is "the absence of a descending heir" not sufficient?
The Shaykh: "Existence" is clearer, and "absence of existence" is a matter of clarification.
In the science of inheritance, one of the conditions for inheritance is "the absence of a descending heir." Some scholars are content with saying: "the absence of a descending heir"...
Answer:
"The absence of existence" is clearer, such as in the case of brothers and others. Sisters and brothers do not inherit in the presence of a descending heir, except as residuary heirs. Likewise, the father is not given a share as a residuary heir except in the absence of a descending heir. The mother is given one-sixth in the presence of a descending heir. This is different; the rulings differ.
Q: Is "the absence of a descending heir" not sufficient?
The Shaykh: "Existence" is clearer, and "absence of existence" is a matter of clarification.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.