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← INHERITANCE OF HUSBAND AND WIFE
MISCELLANEOUS RULES OF INHERITANCE
Ruling 2791. The deceased’s Qur’an, ring, sword, and clothes that he had worn or kept to wear belong to the eldest son. If the deceased had more than one of the first three things – for example, he left two copies of the Qur’an or two rings – the obligatory precaution is that the eldest son must arrive at a settlement with the other heirs regarding those things. The same applies to the reading stand (riḥāl) for the Qur’an and the gun, dagger, or other weapons. The sheath of the sword and bookmark for the Qur’an are considered part of those items.
Ruling 2792. If the deceased has more than one eldest son – for example, two sons are born of two wives at the same time – the items mentioned earlier must be divided equally among them. This rule is specific to the eldest son even though there may be daughters older than him.
Ruling 2793. If the deceased has a debt equal to his estate or more, the eldest son must give those things mentioned earlier that belong to him to settle the debt, or he must pay their equivalent worth from his own wealth. If the deceased’s debt is less than his estate but his estate without those items that belong to the eldest son is not sufficient to settle his debt, then the eldest son must give from those items or from his own wealth to settle the debt. However, if the rest of his estate is adequate to clear the debt, the obligatory precaution is that the eldest son must still participate in clearing the debt in the manner mentioned previously. For example, if the estate of the deceased is worth £600 and the items that belong to the eldest son are worth £200 and the deceased has a debt of £300, the eldest son must pay £100 from the items he received to pay off the debt.
Ruling 2794. A Muslim inherits from a disbeliever (kāfir), but a disbeliever does not inherit from a deceased Muslim, even if he is the deceased’s father or son.
Ruling 2795.* If a person kills one of his relatives intentionally (ʿamdan) and unjustly, he does not inherit from him. However, if the killing was justified – for example, it was a retributory punishment (qiṣāṣ) [as sanctioned by a judge], or the legal execution of a punishment, or in self-defence – then he does inherit from him. The same applies if the killing was due to some error. For example, if he threw a stone in the air and by chance it hit one of his relatives and killed him, he inherits from him; however, he does not inherit from the blood money (diyah) that his relatives pay for the killing. As for manslaughter – i.e. killing someone without intending to, by intentionally doing something to the person that would not usually result in death – this does not prevent him from inheriting, but he does not have a share in the blood money that he must pay to the heirs.
Ruling 2796. Whenever it is proposed to divide the inheritance, the share of a child who is in his mother’s womb and will inherit if he is born alive must be kept safe. This is on condition that it is known whether there is one child or more in the womb and whether the child is male or female, even if this is discovered using scientific instruments. If it is not known but a reliable probability exists that there is more than one child in the womb, the share of one son multiplied by the probable number of children must be put aside. In the event that, for example, one son or one daughter is born, the extra amount must be divided between the heirs.
Glossary →
← INHERITANCE OF HUSBAND AND WIFE
Ruling 2792. If the deceased has more than one eldest son – for example, two sons are born of two wives at the same time – the items mentioned earlier must be divided equally among them. This rule is specific to the eldest son even though there may be daughters older than him.
Ruling 2793. If the deceased has a debt equal to his estate or more, the eldest son must give those things mentioned earlier that belong to him to settle the debt, or he must pay their equivalent worth from his own wealth. If the deceased’s debt is less than his estate but his estate without those items that belong to the eldest son is not sufficient to settle his debt, then the eldest son must give from those items or from his own wealth to settle the debt. However, if the rest of his estate is adequate to clear the debt, the obligatory precaution is that the eldest son must still participate in clearing the debt in the manner mentioned previously. For example, if the estate of the deceased is worth £600 and the items that belong to the eldest son are worth £200 and the deceased has a debt of £300, the eldest son must pay £100 from the items he received to pay off the debt.
Ruling 2794. A Muslim inherits from a disbeliever (kāfir), but a disbeliever does not inherit from a deceased Muslim, even if he is the deceased’s father or son.
Ruling 2795.* If a person kills one of his relatives intentionally (ʿamdan) and unjustly, he does not inherit from him. However, if the killing was justified – for example, it was a retributory punishment (qiṣāṣ) [as sanctioned by a judge], or the legal execution of a punishment, or in self-defence – then he does inherit from him. The same applies if the killing was due to some error. For example, if he threw a stone in the air and by chance it hit one of his relatives and killed him, he inherits from him; however, he does not inherit from the blood money (diyah) that his relatives pay for the killing. As for manslaughter – i.e. killing someone without intending to, by intentionally doing something to the person that would not usually result in death – this does not prevent him from inheriting, but he does not have a share in the blood money that he must pay to the heirs.
Ruling 2796. Whenever it is proposed to divide the inheritance, the share of a child who is in his mother’s womb and will inherit if he is born alive must be kept safe. This is on condition that it is known whether there is one child or more in the womb and whether the child is male or female, even if this is discovered using scientific instruments. If it is not known but a reliable probability exists that there is more than one child in the womb, the share of one son multiplied by the probable number of children must be put aside. In the event that, for example, one son or one daughter is born, the extra amount must be divided between the heirs.