Month: November 2014
In the previous post, we learned what happens when multiple `asabaat categories remain “un-excluded” even after applying the rules of hujub hirmaan (total exclusion).
To summarize, we learned that such cases can only occur when a daughter or granddaughter (or both) inherit along with either a haqeeqi sister, an allaati sister, or both. We learned the principle that in such cases we simply give the residue to the category that is closest in relation to the mayyit, and this category will always be either the haqeeqi sister or allaati sister (depending on if they both or only one of them are present). Insha’Allah, all this should be clearly understood before moving on.
A basic rule we learned from the very first post was that the zaawil furoodh get priority in inheritance. They inherit first, and whatever is left (i.e. the residue) will go the the `asabaat. In this post, insha’Allah, we will learn (and practice) such cases where an `asabaat category is “un-excluded”, yet it is still deprived because there remains no residue for it to recieve. In other words, these are scenarios in which – even after applying the rules of hujub hirmaan – an `asabaat category remains, yet it is still deprived simply because the zaawil furoodh have exhausted the entire estate and there is nothing left for it to inherit.
Insha’Allah, if you’ve made it this far, you’ll find these problems to be very simple.
When Multiple `Asabaat Categories Remain After Applying the Rules of Hujub Hirmaan (Total Exclusion)
Take a look at the posts Solving Problems With Only `Asabaat Inheriting and Solving Problems With a Combination of Zaawil Furoodh and `Asabaat Inheriting. Notice that there is never more than one `asabaat category that ends up inheriting. There may be multiple zaawil furoodh categories inheriting, but there is only ever a single `asabaat category inheriting.
In the scenarios in those two posts, only a single residuary category inherits because it was either (1) the only `asabaat category present, so obviously it was the only one that inherited, or (2) it excluded all other `asabaat categories that were present so it ended up being the only one eligible to inherit.
However, there are certain cases in which even after applying the rules of hujub hirmaan (total exclusion) there are two or more `asabaat categories that remain.
So what happens then? Do the multiple`asabaat categories share the residue equally? The answer to that is no. Only one residuary category can inherit. This is one of the principles of inheritance. If there is residue and there are`asabaat (residuaries) eligible to inherit, then all of the residue will go to a single category of these residuaries. Two or more categories of residuaries cannot share the residue.
The simple principle we apply when more than one `asabaat category remains even after applying the rules of exclusion is the following: Choose the `asabaat category that is closest to the mayyit (deceased) in relation, and all residue goes to that category. All other `asabaat categories are deprived.
Below you will find the answer key to Quiz #1. All answers are in the standard form we’ve been using since the beginning.
Please check your answers insha’Allah and determine your grade/score according to the grading method below:
Each question is worth 1 point for a total of 12 points.
- An answer in which even a single heir received inheritance when he/she was supposed to be deprived will receive 0 points.
- An answer in which even a single heir was deprived when he/she was supposed to receive inheritance will receive 0 points.
- An answer in which even a single heir received more or less than their due share will receive 0 points.
- An answer in which even a single heir was assigned a non-whole number of portions (i.e. 1.5 portions, 2.33 portions, 1/2 a portion etc.) will receive 0 points.
- An answer in which a higher base number (and hence, different portions) is used, but ultimately the fractions of portions over base number come out to be equal to the ones in the answer key will receive 1/2 a point. This is because using a higher than necessary base number – although it will get you to the correct answer – is considered inefficient and “bad” inheritance problem-solving practice.
- A completely correct answer (with same base number and portions used as in the answer key) will receive 1 point.
Below is the answer to the problem given at the end of the previous post:
The estate will be divided into 48 equal portions:
Each Wife receives 3 portions.
The Paternal grandmother receives 18 portions.
The Akhyaafi brother receives 18 portions.
The rest are all non-heirs, and thus, deprived.
We’ve covered a lot of material thus far and its a major milestone to have reached this point. Everyone take a second to say Alhamdulillah with full ikhlaas (sincerity).
Before moving on, its imperative that you be tested on what has been covered so far.
Below, you will see a series of 12 inheritance scenarios. Each case is designed to test you on different types of problems: Some may involve `awl, some radd, others may involve resolving one or more categories, and yet others may involve a combination of these. You are not told which case involves what, that is for you to figure out. Your job is to simply solve the problem and come up with a final answer.