Rules of Hujub Hirmaan (Total Exclusion)

Posted on Updated on

Read as PDF

Here we will fully lay out the rules of total exclusion. When the word “exclusion” or “excluded” is used here, it strictly means total exclusion.  Partial exclusion will be explained later, insha’Allah.  As a reminder from the previous post, total exclusion is when an heir gets deprived of inheritance due to the presence of another heir. Examples have been provided to facilitate easy understanding.

Important Note: From now on, unless otherwise stated, whenever grandchildren are mentioned we specifically mean those from the son. Daughters children are non-heirs. Also, unless otherwise stated, when haqeeqi or allaati nephews are mentioned it should automatically be assumed that we are referring to the sons of the haqeeqi or allaati brothers, NOT the sons of haqeeqi/allaati sisters.

Rule #1: The following six people can never be fully excluded: Mother, Father, Daughter, Son, Husband, Wife. These are the six basic heirs, they will always inherit something as long as they are alive. However, some of them may be partially excluded sometimes. As mentioned previously, partial exclusion will be discussed later.

Rule #2: A Father (or father’s father i.e. paternal grandfather, or higher) and son (or son’s son i.e. grandson, or lower) exclude ALL siblings. Doesn’t matter if they are brothers, sisters, haqeeqi, allaati or akhyaafi. In the presence of a father, grandfather (or higher) or son, grandson (or lower), all of them will be excluded.

Example 1:  A man dies leaving behind

  • Paternal grandfather
  • 2 Haqeeqi brothers
  • 3 Allaati sisters
  • 2 Sons

Only the paternal grandfather and the 2 sons will inherit in this case.

Example 2: A man dies leaving behind

  • 2 Granddaughters
  • 1 Grandson
  • 1 Wife
  • 3 Akhyaafi sisters
  • 2 Haqeeqi brothers
  • 1 Allaati brother

Only the grandchildren and the wife inherit in this case.

Rule#3: A son excludes all grandchildren (however low down the line, male or female).

Example: A man dies leaving behind

  • Father
  • Wife
  • Husband
  • 2 Sons
  • 3 Granddaughters
  • 2 Grandsons

The granddaughters and grandsons will not inherit in this case.

Rule #4: A father excludes only his own parents (i.e. only paternal grandfather and paternal grandmother, or higher). A mother, however, excludes all female grandparents, not just her own parents (i.e. she excludes grandmothers on both sides, maternal and paternal). She does not exclude paternal grandfather.

Note: Maternal grandfather is a non-heir (see Zaawil Arhaam list).

Example 1: A man dies leaving behind

  • Father
  • Paternal grandfather
  • Paternal grandmother
  • Maternal grandmother
  • Son

The paternal grandfather and paternal grandmother will not inherit in this case.

Example 2: A man dies leaving behind

  • Mother
  • Paternal grandfather
  • Maternal grandmother
  • Paternal great-grandmother (father’s mother’s mother)

Only the mother and paternal grandfather will inherit in this case.

 Rule #5: Just as the mother excludes all grandmothers (on either side, maternal and paternal), the grandmother will also exclude all great-grandmothers (maternal and paternal). This pattern continues infinitely. A mother or grandmother (however high in the chain) excludes higher grandmothers (however high in the chain) on either side of them (i.e. maternal and paternal).

Example: A man dies leaving behind

  • Paternal grandmother
  • Maternal great-grandmother (mother’s mother’s mother)
  • Paternal great-grandmother (father’s father’s mother)
  • Son

Only the paternal grandmother and son will inherit in this case.

Rule #6: 2 or more daughters exclude strictly granddaughters. By ‘strictly’ I mean that the granddaughters are present without their male counterpart (grandsons). If a grandson is also present, this rule will not apply. 1 daughter does not exclude any granddaughters.

Example 1: A man dies leaving behind

  • 3 Daughters
  • 4 Granddaughters
  • Father
  • Mother

The granddaughters will not inherit in this case.

Example 2: A man dies leaving behind

  • 2 Daughters
  • Paternal grandfather
  • 2 Granddaughters
  • 3 Grandsons

Everyone inherits in this case.

Rule #7: 2 or more haqeeqi sisters exclude strictly allaati sisters. Again, ‘strictly’ here means without their male counterpart (allaati brothers) being present. If an allaati brother is also present, this rule will not apply. 1 haqeeqi sister does not exclude any allaati sisters. As you can see, this exclusion rule is parallel to rule #6.

Example 1: A woman dies leaving behind

  • 3 Haqeeqi sisters
  • 7 Allaaati sisters
  • 5 Akhyaafi sisters
  • Mother

The 7 allaati sisters will not inherit in this case.

Example 2: A man dies leaving behind

  • 2 Wives
  • 4 Haqeeqi sisters
  • 4 Allaati sisters
  • 1 Allaati brother

Everyone inherits in this case.

Rule #8: Daughters and granddaughters exclude all akhyaafi siblings (whether male or female). A daughter/granddaughter excluding an akhyaafi brother is the only instance in inheritance where a female automatically excludes a male. So this rule is a bit unique. Remember, father-son exclude all siblings, while daughter-granddaughter exclude only akhyaafi siblings.

Example: A woman dies leaving behind

  • 2 Granddaughters
  • 2 Haqeeqi sisters
  • 3 Akhyaafi brothers
  • 2 Akhyaafi sisters

The 3 akhyaafi brothers and 2 akhyaafi sisters will not inherit in this case.

Rule #9: Memorize the following list of heirs:

  1. Haqeeqi brother
  2. Allaati brother
  3. Haqeeqi brother’s son (haqeeqi nephew) and his male descendants
  4. Allaati brother’s son (allaati nephew) and his male descendants
  5. Haqeeqi paternal uncle
  6. Allaati paternal uncle
  7. Haqeeqi paternal uncles son and his male descendants
  8. Allaati paternal uncles son and his male descendants

The order of arrangement in this list is very important. As you may have noticed, the list is arranged starting from the closest relative on the list (haqeeqi brother) and getting progressively farther and farther away (from the deceased). The rule here is the following: The higher person on the list excludes all those below him. Therefore, if #1 is present, all those below him will be excluded. If #2 is present, all those below him will be excluded. If #3 is present, all those below him will be excluded, and so on until the end of the list.

Important Note 1: If #1 (Haqeeqi brother) can be excluded by any heir outside of the list, then the entire list is excluded. Furthermore, if haqeeqi brother is excluded, then his female counterpart (Haqeeqi sister), if present, will also be excluded.

Important Note 2: If #2 (Allaati brother) is excluded, then his female counterpart (Allaati sister), if present, will also be excluded.

Important Note 3: Sisters (Haqeeqi, Allaati or Akhyaafi) do NOT exclude any nephews.

Important Note 4: Only nephews are heirs. All nieces (i.e. daughters of siblings) are non-heirs. See the post The 3 Main Types of Heirs and look under Zaawil Arhaam to review the list of non-heirs.

Example 1: A man dies leaving behind

  • 2 Haqeeqi brothers
  • 2 Haqeeqi sisters
  • 1 Allaati brother
  • 3 Allaati sisters
  • 1 Haqeeqi paternal uncle
  • 1 Haqeeqi nephew

Only the haqeeqi brothers and haqeeqi sisters will inherit in this case. Everyone else is excluded.

Example 2: A man dies leaving behind

  • Son
  • 2 Haqeeqi nephews
  • 1 Allaati nephew
  • 1 Allaati paternal uncle

Only the son will inherit in this case. The son can exclude #1 on the list (the haqeeqi brother), hence the entire list is excluded, and the son is the only one left inheriting. Simply put, since the son can exclude haqeeqi brother, he can most definitely exclude everyone below the haqeeqi brother on the list.

Example 3: A man dies leaving behind

  • 1 Allaati nephew
  • 2 Haqeeqi paternal uncles
  • 2 Allaati paternal uncles

Only the nephew inherits in this case.


Tip: To help organize the rules for siblings, understand the following: You can split the three types of siblings (haqeeqi, allaati, and akhyaafi) into two groups. One group is the haqeeqi’s and allaati’s together. The second group is the akhyaafi siblings by themselves. The reason for this may have already become clear to you. The haqeeqi and allaati siblings have pretty much the same rules governing them across the board. This will become even clearer once we learn more. insha’Allah. The akhyaafi siblings, however, seem to have a separate set of rules, unique to them. This point is made clear by the following:

  • Rule #8, unique to akhyaafi siblings.
  • The fact that haqeeqi/allaati brothers are among the ‘asabaat, while the akhyaafi brothers are among the zaawil furoodh.
  • Sons of haqeeqi/allaati brothers may inherit, but the sons of akhyaafi brothers are non-heirs.
  • Haqeeqi/Allaati brothers are part of the ordered list in rule #9, while akhyaafi brothers are not.
  • Insha’Allah as we move along, you’ll notice more and more differences between these two groups of siblings.

Read as PDF

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s