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INHERITANCE OF THE SECOND GROUP →
← CHAPTER THIRTY-EIGHT » Inheritance (Irth)
INHERITANCE OF THE FIRST GROUP
Ruling 2748. If there is only one heir of the deceased from the first group – for example, his father or mother, or one son or one daughter – then that person inherits the deceased’s entire estate. If there is one son and one daughter, then the estate is divided among them in such a way that the son receives twice the share of the daughter.
Ruling 2749. If the only heirs of the deceased are his father and his mother, the estate is divided into three parts: two parts are inherited by his father and one part by his mother. However, if the deceased has two brothers or four sisters, or one brother and two sisters, and they are all Muslims and free [i.e. not slaves], and their father is also the father of the deceased even though their mothers may be different, and they have been born, then they do not inherit anything while the deceased’s father and mother are alive. In such a case, his mother inherits one-sixth of the estate and his father inherits the rest.
Ruling 2750. If the only heirs of the deceased are his father, mother, and one daughter, in the event that the deceased does not have a brother or sister who fulfils the conditions mentioned in the previous ruling, the estate is divided into five parts: his father and mother inherit one part each and his daughter inherits three parts. If the deceased has a brother or sister who fulfils the conditions mentioned previously, then his father inherits one-fifth, his mother one-sixth, and his daughter three-fifths. With regard to the one-thirtieth that remains – which is probably the share of the mother, just as it is probable that three-quarters of it are the share of his daughter and one-quarter is the share of his father – based on obligatory precaution, they must arrive at a settlement (muṣālaḥah).
Ruling 2751. If the only heirs of the deceased are his father, mother, and one son, the estate is divided into six parts: his father and mother inherit one part each and his son inherits four parts. If the deceased has a number of sons or daughters, then the four parts must be divided equally among them. If he has a son and a daughter, then the four parts must be divided among them in a way that each son receives twice the share of each daughter.
Ruling 2752. If the only heirs of the deceased are his father or mother and one or a number of sons, the estate is divided into six parts: one part is inherited by his father or mother and five parts are inherited by his son. If there are a number of sons, then the five parts are divided equally among them.
Ruling 2753. If the only heirs of the deceased are his father or mother and a number of his sons and daughters, the estate is divided into six parts: one part is inherited by his father or mother and the remainder is divided among his sons and daughters in a way that each son receives twice the share of each daughter.
Ruling 2754. If the only heirs of the deceased are his father or mother and one daughter, his estate is divided into four parts: one part is inherited by his father or mother and the rest is inherited by his daughter.
Ruling 2755. If the only heirs of the deceased are his father or mother and a number of daughters, the estate is divided into five parts: one part is inherited by his father or mother and four parts are divided equally among his daughters.
Ruling 2756. If the deceased has no offspring, the child of his son receives the share of the deceased’s son even if she is a girl, and the child of his daughter receives the share of the deceased’s daughter’s share even if he is a boy. For example, if the deceased has a grandson from his daughter and a granddaughter from his son, the estate is divided into three parts: one part is inherited by the grandson from his daughter and two parts are inherited by the granddaughter from his son. With regard to grandchildren inheriting, it is not a condition that their father and mother be deceased.
INHERITANCE OF THE SECOND GROUP →
← CHAPTER THIRTY-EIGHT » Inheritance (Irth)
Ruling 2749. If the only heirs of the deceased are his father and his mother, the estate is divided into three parts: two parts are inherited by his father and one part by his mother. However, if the deceased has two brothers or four sisters, or one brother and two sisters, and they are all Muslims and free [i.e. not slaves], and their father is also the father of the deceased even though their mothers may be different, and they have been born, then they do not inherit anything while the deceased’s father and mother are alive. In such a case, his mother inherits one-sixth of the estate and his father inherits the rest.
Ruling 2750. If the only heirs of the deceased are his father, mother, and one daughter, in the event that the deceased does not have a brother or sister who fulfils the conditions mentioned in the previous ruling, the estate is divided into five parts: his father and mother inherit one part each and his daughter inherits three parts. If the deceased has a brother or sister who fulfils the conditions mentioned previously, then his father inherits one-fifth, his mother one-sixth, and his daughter three-fifths. With regard to the one-thirtieth that remains – which is probably the share of the mother, just as it is probable that three-quarters of it are the share of his daughter and one-quarter is the share of his father – based on obligatory precaution, they must arrive at a settlement (muṣālaḥah).
Ruling 2751. If the only heirs of the deceased are his father, mother, and one son, the estate is divided into six parts: his father and mother inherit one part each and his son inherits four parts. If the deceased has a number of sons or daughters, then the four parts must be divided equally among them. If he has a son and a daughter, then the four parts must be divided among them in a way that each son receives twice the share of each daughter.
Ruling 2752. If the only heirs of the deceased are his father or mother and one or a number of sons, the estate is divided into six parts: one part is inherited by his father or mother and five parts are inherited by his son. If there are a number of sons, then the five parts are divided equally among them.
Ruling 2753. If the only heirs of the deceased are his father or mother and a number of his sons and daughters, the estate is divided into six parts: one part is inherited by his father or mother and the remainder is divided among his sons and daughters in a way that each son receives twice the share of each daughter.
Ruling 2754. If the only heirs of the deceased are his father or mother and one daughter, his estate is divided into four parts: one part is inherited by his father or mother and the rest is inherited by his daughter.
Ruling 2755. If the only heirs of the deceased are his father or mother and a number of daughters, the estate is divided into five parts: one part is inherited by his father or mother and four parts are divided equally among his daughters.
Ruling 2756. If the deceased has no offspring, the child of his son receives the share of the deceased’s son even if she is a girl, and the child of his daughter receives the share of the deceased’s daughter’s share even if he is a boy. For example, if the deceased has a grandson from his daughter and a granddaughter from his son, the estate is divided into three parts: one part is inherited by the grandson from his daughter and two parts are inherited by the granddaughter from his son. With regard to grandchildren inheriting, it is not a condition that their father and mother be deceased.