### Solving Problems With a Combination of Zaawil Furoodh and `Asabaat Inheriting

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The following is the answer to the problem which was presented at the end of the previous post:

The estate will be divided into 10 equal portions:

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

All others are deprived of inheritance.

Any questions about the above solution should be posted in the comments section, insha’Allah.

In the previous post, we learned how to solve inheritance problems when exclusively `asabaat inherit. In the post before that, we learned how to solve problems when exclusively zaawil furoodh inherit. In this post, we will, insha’Allah, tackle problems in which both zaawil furoodh and `asabaat inherit.

Example 1: A man dies leaving behind

• 1 Wife
• Paternal grandmother
• Maternal grandmother
• Mother
• 2 Daughters
• 3 Granddaughters
• 1 Akhyaafi brother
• 1 Akhyaafi sister
• 1 Haqeeqi paternal uncle
• 3 Allaati paternal uncles

Lets work through this first example step-by-step so we know exactly how this works.

We have quite a long list of relatives here. Lets go through the standard procedure.

Any non-heirs? no.

Now lets apply the rules of hujub hirmaan (total exclusion). Both grandmothers are excluded by the mother. The 3 granddaughters and both akhyaafi siblings are excluded by the 2 daughters. The 3 allaati paternal uncles are excluded by the haqeeqi paternal uncle. After all of this, we are left with the following relatives who will inherit:

• 1 Wife
• Mother
• 2 Daughters
• 1 Haqeeqi paternal uncle

Realize that three of these are zaawil furoodh, and one (the uncle)  is an `asbah. When we do our chart, we will write the shares of each zaawil furoodh in their respective places. For the `asbah, we will simply write “residue” to indicate that he will be receiving the remainder after the other three have gotten their specified shares.

The specified share of each zaawil furoodh heir is:

Wife ＝ 1/8
Mother ＝ 1/6
2 Daughters ＝ 2/3

The wife and mother are partially excluded due to the presence of the daughters.

As usual, we use the denominators (8, 6 and 3) of these shares to calculate the base number. 6 and 3 are tadakhul, hence their base number is 6. Now we pair up this result (6) with the remaining number, 8. These two numbers are tawafuq because they have a greatest common factor of 2. To find the base number of two tawafuq numbers, we divide one of them (doesn’t matter which) by the common factor, and multiply the result (called wafq) by the second number.

8 ÷ 2 ＝ 4 (this is the wafq of 8) ——-> 4 x 6 ＝ 24 (our base number)

Alternately, we could have done:

6 ÷ 2 ＝ 3 (this is the wafq of 6) ——–> 3 x 8 ＝ 24 (our base number)

Either way, we get the same answer, a base number of 24.

Now that we have our base number, we can calculate the portions of each heir. Remember, in the case of zaawil furoodh, portions are calculated by multiplying the base number (in this case, 24) by the share of that heir. Here is what our chart should look like:

As you can see, we have our portions for each zaawil furoodh heir. The daughters category altogether receives 16 portions. Since there are 2 heads in that category, each head (i.e. each daughter) will receive 8 portions. Remember, we need to know the portions allotted to each individual heir – knowing the portions given to a whole category is not sufficient. If there are multiple heads in a category, then divide the portions given to that category by the number of heads in that category to get the number of portions given to each head. This is what we’ve done here in the case of the 2 daughters.

The only thing we’re missing is the number of portions given to the uncle. The uncle is an `asbah (residuary), so by definition he gets whatever remains (the “residue”). To calculate the residue, just subtract the the sum of all portions given to the zaawil furoodh from the base number. In this case, we do the following:

24 – (3 + 4 + 16) ＝ 1      OR      24 – 3 – 4 – 16 ＝ 1

The residue comes out to be 1. Concept wise, what this means is that after all the zaawil furoodh heirs have gotten their portions from the pool of 24 portions, there is 1 portion left, and it goes to the `asbah (the uncle in this case). We can now fill that in to complete our chart:

Final Answer: The estate will be divided into 24 equal portions:

The Wife gets 3 portions.
The Mother gets 4 portions.
Each Daughter gets 8 portions.
The Haqeeqi paternal uncle gets 1 portion.

Example 2: A woman dies leaving behind

• Maternal grandfather
• Paternal grandfather
• Maternal grandmother
• Father
• Husband
• 2 Akhyaafi sisters

Firstly, the maternal grandfather is a non-heir, so he is automatically out. The paternal grandfather and the 2 akhyaafi sisters are excluded by the father. This leaves us with:

• Father
• Husband
• Maternal grandmother

There shares are 1/6, 1/2 and 1/6 respectively. The denominators give us a base number of 6. After calculating the portions, here is what our chart looks like:

But lets hold on a minute and look at the chart carefully. If you add up all the portions, you’ll notice that they only equal to 5. Which means there is a residue of 1 portion left over. Who does that go to? It was mentioned that the father and paternal grandfather are unique in that they are classified as both zaawil furoodh and `asabaat simultaneously. In addition to their specific share of 1/6, they get any residue remaining after all heirs have gotten their portions. In this case, the residue of 1 portion will be given to the father. The same thing would apply if we replace the father with the paternal grandfather.

Our new chart, with the residue now accounted for, will look like this:

After receiving the residue, the father now has a total of 2 portions.

Whenever the shares of the heirs do not add up to 1, this means there will be residue leftover. In the above scenario, since there are no other `asabaat (son, haqeeqi brother, uncles etc.) to claim that residue, it goes to the father since he is also an `asbah. If another `asbah was inheriting, the residue would go to him/her and not the father. If the father will also be getting residue in addition to his set share, you should write “1/6 + Residue” in that category to clearly indicate that the residue was added to his original number of portions.

Final Answer: The estate will be divided into 6 equal portions:

The Father will get 2 portions.
The Husband will get 3 portions.
The Maternal Grandmother will get 1 portion.

Example 3: A man dies leaving behind

• Mother
• 1 Haqeeqi brother
• 2 Allaati brothers
• 1 Allaati sister

There are no non-heirs on this list. The allaati siblings, however, will be excluded by the haqeeqi brother. This leaves us with only two heirs:

• Mother
• 1 Haqeeqi brother

We already should know that the haqeeqi brother is an `asbah, so he will be getting residue. But a quick question: what is the share of the mother?

If you said 1/3, you are incorrect. Do a quick review of the rules regarding the mother in the post Inheritance of Parents. According to the rules, a mothers original share is 1/3 and she will be partially excluded to 1/6 if there are two or more siblings. One sibling does NOT partially exclude the mother. In this case there is only one sibling inheriting, so why is it incorrect to say that the mothers share is 1/3? Because another rule states that she will be partially excluded to 1/6 even if the (two or more) siblings are excluded. As long as two or more siblings exist, they will partially exclude the mother to 1/6. Whether they are excluded or not is irrelevant. In this case, only one sibling is inheriting, but an additional three siblings are still present, although excluded. There mere presence (and them being two or more in number, and in this case, exactly 4 siblings are present) partially excludes the mother to 1/6.

The haqeeqi brother being an `asbah (having no set share), and 1/6 being the share of the mother makes 6 our only denominator. When only one share exists, the denominator of that share is the base number. Hence, our base number is 6. From here, it should be easy to complete the entire chart:

After the mother gets her 1 portion, the brother gets the residue of 5.

Final Answer: The estate will be divided into 6 equal portions:

The Mother gets 1 portion.
The Haqeeqi Brother gets 5 portions.

Example 4: A man dies leaving behind

• 3 Wives
• 2 Paternal aunts
• 2 Akhyaafi brothers
• 2 Akhyaafi sisters
• 2 Allaati brothers
• 1 Allaati sister
• 3 Haqeeqi nephews

The paternal aunts are non-heirs. The 3 haqeeqi nephews are excluded by the allaati brothers. This leaves us with:

• 3 Wives
• 2 Akhyaafi brothers
• 2 Akhyaafi sisters
• 2 Allaati brothers
• 1 Allaati sister

The wives together share 1/4, the akhyaafi siblings together share 1/3, and the allaati siblings inherit the residue according to the 2:1 rule. Remember, the 2:1 rule does NOT apply to akhyaafi siblings. It only applies to haqeeqi and allaati siblings.

There are two denominators in this problem, 3 and 4. This makes our base number 12. Now that we have our base number, we can complete our chart.

The first category gets 3 portions because 12(1/4) ＝ 3. Since there are three heads in this category, that makes one portion per head.

The second category gets 4 portions because 12(1/3) ＝ 4. Since there are 4 heads in this category (each akhyaafi sibling, whether male or female, is counted as one head), that makes 1 portion per head. Males do not count as two heads for this category, as the 2:1 rule does not apply to akhyaafi siblings.

The third category gets 5 portions as residue because 12-3-4 ＝ 5. There are a total of 5 heads in this category. This makes 1 portion per head, but since the allaati brothers count as two heads, they get 2 portions. The allaati sister counts as a single head, and accordingly, gets 1 portion.

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

Each Wife will get 1 portion.
Each Akhyaafi sibling (whether male or female) will get 1 portion.
Each Allaati brother will get 2 portions.
The Allaati sister will get 1 portion.

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

A woman dies leaving behind

• Paternal grandfather
• Maternal grandfather
• Paternal grandmother
• Father
• Mother
• 2 Haqeeqi sisters
• 1 Son
• 2 Daughters
• 1 Haqeeqi paternal uncle

How will the estate be divided and distributed?

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