How Some Zaawil Furoodh Relatives Become `Asabaat

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We should already know what the two Arabic terms in the title of this post mean. But just as a review:

Zaawil Furoodh: Heirs who are assigned a specific fraction of the estate (ex: 1/2,  1/3,  1/6, etc…).

`Asabaat: These are residuaries, heirs who get whatever remains (if any) after each of the eligible zaawil furoodh heirs have gotten there shares. They dont have a specific share assigned to them, they just get whatever is left over (the residue).

Now, the specific shares of each zaawil furoodh relative will be discussed later, insha’Allah.  Right now, what we’ll learn is how in some cases a relative from among the zaawil furoodh becomes an`asbah (singular for `asabaat).

1) Daughter(s)

  • Default state is zaawil furoodh.
  • If inheriting alongside son(s), she becomes an `asbah. The daughter now loses her right to the specific share she was assigned. Daughter(s) and son(s) will now get residue.

2) Granddaughter(s)

  • Default state is zaawil furoodh.
  • If inheriting alongside grandson(s), she becomes an `asbah. The granddaughter now loses her right to the specific share she was assigned. Granddaughter(s) and grandson(s) will now get residue.

3) Haqeeqi Sister(s)

  • Default state is zaawil furoodh.
  • If inheriting alongside haqeeqi brother(s), she becomes an `asbah. The haqeeqi sister now loses her right to the specific share she was assigned. Haqeeqi sister(s) and haqeeqi brother(s) will now get residue.
  • She will also become an `asbah in the presence of daughter(s) or granddaughter(s). In such a case, the daughter(s)/granddaughter(s) will get their respective shares as zaawil furoodh, while she gets the residue.

4) Allaati Sister(s)

  • Default state is zaawil furoodh.
  • If inheriting alongside allaati brother(s), she becomes an `asbah. The allaati sister now loses her right to the specific share she was assigned. Allaati sister(s) and allaati brother(s) will now get residue.
  • She will also become an `asbah in the presence of daughter(s) or granddaughter(s). In this case, the daughter(s)/granddaughter(s) will get their respective shares as zaawil furoodh, while she gets the residue.

So, in brief:

  1. Son(s) turns daughter(s) into `asabaat
  2. Grandson(s) turns granddaughter(s) into `asabaat
  3. Daughter(s), granddaughter(s) and haqeeqi brother(s) turn haqeeqi sister(s) into `asabaat
  4. Daughter(s), granddaughter(s) and allaati brother(s) turn allaati sister(s) into `asabaat

Important note: There is a specific way in which the above 4 relatives and their male counterparts will share the residue. This will also be discussed in a later post, insha’Allah.


Reminder from an earlier post (see the post The 3 Main Types of Heirs)

Also, note that the father and paternal grandfather are listed in both zaawil furoodh and `asabaat. Why is this? These two heirs are assigned a specific fraction of the estate (what that fraction is will be discussed later), but above and beyond that, in certain cases, they will also get the residue (if any) which remains. This is in addition to the specific share they are already assigned. Hence, they are both from among the zaawil furoodh and `asabaat simultaneously.

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