Below is the answer to the problem presented at the end of the previous post:
The estate will be divided into 30 equal portions:
The Husband gets 9 portions.
Each Haqeeqi sister gets 4 portions.
Each Akhyaafi brother gets 2 portions.
The Mother gets 3 portions.
The rest are all deprived.
As usual, if there is any confusion as to how the above answer was reached, please let us know in the comments section, insha’Allah.
Consider a problem in which only zaawil furoodh heirs are inheriting, and there shares add up to less than 1. Who would get the residue? Usually we would give it to the `asabaat, but this time there are no `asabaat. So what happens now? This is where the principle of radd comes in. The principle of radd can be thought of as the opposite of the principle of `awl. While in `awl the shares add up to greater than 1, in radd the shares add up to less than 1.
Radd is applied when the shares of zaawil furoodh heirs add up to less than 1 and there are no `asabaat inheriting to claim the residue. The basic idea behind radd is to increase the share of each category of heirs in proportion to their shares or – thinking of it another way – in proportion to the portions they received. Simply speaking, by the time we are done applying radd, the residue will be redistributed among each of the zaawil furoodh categories according to the ratio of their respective portions.
The proof for radd comes from the ayah “… And those of [blood] relationship are more entitled [to inheritance] in the decree of Allah than the [other] believers…” [33:6]
Radd does not apply to spouses, i.e. the husband and the wife, because they are not blood relatives. They do not enjoy the benefit of redistribution. Apart from these two, all zaawil furoodh heirs are entitled to receive redistribution of the residue.
Radd will not be applied if even a single `asbah is inheriting. Remember, the whole reason for applying radd is that there are no `asabaat to claim the residue. If an `asbah is inheriting, all the residue will simply go to him/her, and radd will not be applied. This means that if the father or paternal grandfather is inheriting, radd will not be applied because father/paternal grandfather are `asabaat as well as zaawil furoodh heirs. All residue would be given to them, and there would be no need to apply radd.
Insha’Allah, in the next post we will learn in detail how radd is applied by working out different example problems.