When an `Asabaat Category is Deprived Due to Zero Residue Remaining

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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.

Example 1: A woman dies leaving behind

  • Husband
  • Mother
  • 2 Akhyaafi sisters
  • 2 Haqeeqi brothers
  • 1 Allaati brother
  • 1 Allaati sister
  • 1 Haqeeqi paternal uncle
  • 2 Haqeeqi maternal aunts

The maternal aunts are non-heirs. The allaati siblings and paternal uncle are excluded. This leaves us with the following heirs:

  • Husband
  • Mother
  • 2 Akhyaafi sisters
  • 2 Haqeeqi brothers

Take a look at the resulting chart:

No residue chart 1

As you can see from the chart above, the haqeeqi brothers are deprived simply because there is no residue left over. All 6 portions have been distributed among the other heirs, leaving zero for the brothers. Also notice that the share fractions add up to exactly 1, leaving nothing for the residuaries.

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

The Husband gets 3 portions.
The Mother gets 1 portion.
Each Akhyaafi sister gets 1 portion.

The Haqeeqi brothers get nothing.

Example 2: A woman dies leaving behind

  • 1 Haqeeqi sister
  • 2 Allaati sisters
  • 1 Akhyaafi sister
  • Mother
  • 2 Haqeeqi paternal uncles

No one is excluded.

See the chart:

No residue chart 2

Our original base number was 6, but was then adjusted to 12 when the allaati sisters category needed resolving.

Same thing happens here, the uncles are deprived of inheritance due to lack of residue. Even though technically they are not excluded, they are still deprived because the zaawil furoodh have exhausted the entire estate.

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

The Haqeeqi sister will get 6 portions.
Each Allaati sister will get 1 portion.
The Akhyaafi sister will get 2 portions.
The Mother will get 2 portions.

The Haqeeqi paternal uncles get nothing.

Example 3: A man dies leaving behind

  • 1 Wife
  • Mother
  • Maternal grandfather
  • 2 Haqeeqi maternal aunts
  • 4 Akhyaafi brothers
  • 2 Haqeeqi sisters
  • 3 Allaati brothers
  • 2 Allaati sisters
  • 1 Haqeeqi paternal uncle
  • 2 Allaati paternal uncles

The maternal grandfather and maternal aunts are non-heirs. The haqeeqi and allaati paternal uncles are all excluded. This leaves us with:

  • 1 Wife
  • Mother
  • 4 Akhyaafi brothers
  • 2 Haqeeqi sisters
  • 3 Allaati brothers
  • 2 Allaati sisters

This gives us the following chart:

No residue chart 3

It should be obvious by now that this is an `awl problem. Since the sum of the portions already go beyond the original base number (12), it is impossible for there to be any residue leftover. The new base number, of course, is 17.

If there are any `asabaat present in an `awl problem, they will definitely be deprived. The original shares of the zaawil furoodh already go over 1, so the question of `asabaat inheriting any residue does not even arise.

Final Answer: The estate will be divided into 17 equal portions:

The Wife gets 3 portions.
The Mother gets 2 portions.
Each Akhyaafi brother gets 1 portion.
Each Haqeeqi sister gets 4 portions.

The Allaati siblings get nothing.

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