### Solving Problems With Only `Asabaat Inheriting

Posted on Updated on

Read as PDF

Here is the answer to the example problem we left you with in the previous post:

The estate will be divided into 6 equal portions:

The Haqeeqi sister will get 3 portions.
The Allaati sister will get 1 portion.
Each Akhyaafi brother will get 1 portion.

All others are deprived of inheritance.

If there are any questions on how or why this is the correct answer, please leave them in the comments insha’Allah.

In the last post, we dealt with inheritance problems in which only zaawil furoodh heirs inherited. In this post we will be dealing with inheritance problems in which only `asabaat inherit. Remember, an`asbah is an heir who receives the residue (remaining estate) after all the zaawil furoodh get their respective shares. If an `asbah is inheriting alone, he/she gets the entire estate. Since in this post we are working on problems with only `asabaat inheriting, that means the `asabaat (however many there may be) inherit the entire estate.

Let’s start with a simple problem, insha’Allah.

Example 1: A man dies leaving behind

• 1 Maternal grandfather
• 1 Akhyaafi paternal uncle
• 2 Haqeeqi nieces
• 5 Haqeeqi nephews
• 1 Allaati nephew

Same procedure, let’s omit all non-heirs: Maternal grandfather, akhyaafi paternal uncle, and the haqeeqi nieces are all non-heirs. We are now left with the following relatives:

• 5 Haqeeqi nephews
• 1 Allaati nephew

Remember, unless otherwise stated, whenever haqeeqi/allaati nephews are mentioned, we assume them to be the sons of the haqeeqi/allaati brothers, NOT the sons of haqeeqi/allaati sisters (in which case, they would be non-heirs).

They are both `asabaat, but when we apply the rules of exclusion, we find that the allaati nephew is excluded. Only the 5 haqeeqi nephews will be inheriting.

`Asabaat, by definition, do not have a fixed share and inherit the residue after the zaawil furoodh receive their shares.  This is why, in the “Shares” row of the chart, we will simply write “Residue”. In this case, however, the “residue” happens to be the entire estate because there are no zaawil furoodh relatives. If zaawil furoodh relatives were also inheriting, the “residue” would be the remaining estate after the zaawil furoodh received their respective shares.

We’ve learned previously that the base number is derived through the denominators of shares. But in this case, there are no specific shares and, therefore, no denominators. So how do we find the base number in these types of problems?

Finding the base number in these types of problem is a lot simpler. The base number, when specific shares do not exist, is simply the number of heads inheriting. In this case, the number of heads is 5.

You will need just one category when `asabaat only are inheriting . Notice that to get the number of portions for each head, we simply divide the base number by the number of heads.

Final Answer: The estate will be divided into 5 equal portions.

Each Haqeeqi nephew will get 1 portion.

Example 2: A woman dies leaving behind

• 2 Sons
• 3 Daughters
• 4 Grandsons
• 4 Granddaughters
• 2 Haqeeqi maternal uncles
• 1 Haqeeqi brother
• 2 Haqeeqi sisters

The haqeeqi maternal uncles are non-heirs. The sons exclude all grandchildren and siblings. This leaves us with:

• 2 Sons
• 3 Daughters

Both will inherit as `asabaat in a 2:1 ratio, with each male getting twice as much as each female. Again, the base number will be the same as the number of heads inheriting. In this case, however, each son counts as 2 heads and each daughter counts as 1 head, as normal. This is because each son will inherit twice as much as each daughter.  To get the total number of heads when the 2:1 ratio rule applies to a category, you multiply the number of males by two, and add the number of females to the result. In this case the number of heads – and the base number –  is 7.

In the “Shares” row, we simply write “Residue 2:1” to indicate that the heirs will receive the residue (in this case, the entire estate is the “residue”) according to the 2:1 rule.

As with the previous problem, to get the number of portions given to each head, we simply divide the base number (7) by the number of heads (also 7). This means each head gets 1 portion. But since each son is worth two heads, each son gets twice the number of portions given to one head. In other words, each son gets two heads worth of portions. The result: each son gets 2 portions. Each daughter is considered a single head, so each daughter will get the number of portions given to a single head. The result: each daughter gets 1 portion.

Final Answer: The estate will be divided into 7 equal portions:

Each Son will get 2 portions.
Each Daughter will get 1 portion.

It should be noted that the male is only worth two heads when the 2:1 principle applies. Hence, if a son was inheriting without his female counterpart (daughter), the son would NOT be worth two heads. He would now count as a single head, just like any other heir. Similarly, any male will only be counted as two heads when he is inheriting with his female counterpart and the 2:1 principle applies.

Example 3: A man dies leaving behind

• 1 Maternal grandfather
• 5 Haqeeqi brothers
• 2 Haqeeqi sisters
• 2 Allaati brothers
• 1 Allaati sister
• 3 Haqeeqi nephews
• 1 Allati paternal uncle

Maternal grandfather is a non-heir. Allaati siblings, haqeeqi nephews, and the allaati paternal uncle are all excluded. This leaves us with:

• 5 Haqeeqi brothers
• 2 Haqeeqi sisters

They will inherit the entire estate as `asabaat and according to the 2:1 rule. The base number this time is 12 (5 x 2 + 2 ＝ 12).

Base number divided by number of heads gives us 1 portion per head. Since each haqeeqi brother is worth two heads, he will receive 2 portions, while each haqeeqi sister gets 1 portion.

Final Answer: The estate will be divided into 12 equal portions:

Each Haqeeqi brother will get 2 portions.
Each Haqeeqi sister will get 1 portion.

So far we’ve covered inheritance problems dealing with exclusively zaawil furoodh heirs and exclusively `asabaat heirs. In the next post, insha’Allah, we will be solving problems with a combination of zaawil furoodh and `asabaat relatives inheriting.

We leave you with this final example problem, the answer to which will be provided in the next post, insha’Allah.

A woman dies leaving behind

• 2 Haqeeqi paternal uncles
• 4 Allaati brothers
• 2 Allaati sisters
• 1 Allaati nephew
• 1 Haqeeqi nephew

How will the estate be divided and distributed?

Read as PDF

Advertisements