### Munaasakha – Distribution of Inheritance Through Multiple Mayyits

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It sometimes happens that the estate of the mayyit is not wound up immediately. The delay in the distribution of the estate may last for decades, whether due to legal wrangling, internal disagreement, or simply ignorance. If such a delay is due to the neglect of the parties involved, they are guilty of a major sin. It is essential to distribute the estate of the mayyit as quickly as possible.

Whatever the reason for the delay, it is possible that during this interim one or more of the heirs die. If the interim continues, an heir of the second mayyit may also die, and so on. Now the inheritance needs to be distributed through two mayyits and their heirs. The more heirs that pass away during the delay, the more complicated the inheritance problem becomes. The method of calculating inheritance through multiple mayyits and their heirs is called munaasakha.

Insha’Allah, by the end of this post you will learn how to solve munaasakha problems.

Now that you’ve gotten a general understanding of the concept, lets jump right into the examples.

Please note that in order to facilitate full understanding of this topic, we will also be calculating the actual money value of the shares.

Example 1: A man dies leaving behind

• Mother
• Father
• 2 Daughters
• 2 Sons
• 1 Haqeeqi brother
• \$200,000

Before the estate could be wound up, the father dies leaving behind:

• 1 Wife
• 1 Son
• 2 Grandsons
• 2 Granddaughters
• \$100,000

This is called a level-1 munaasakha problem as their is only one other mayyit besides the first one.

Notice, the heirs of the father are the same people as the heirs of the original mayyit, but from the fathers point of view. In other words, the mother of the first mayyit is actually the wife of the second mayyit (the father). The sons and daughters of the first mayyit are the grandchildren of the second mayyit. The haqeeqi brother of the first mayyit is the son of the second mayyit. This goes back to a basic principle we learned in the very first post, that the heirs will always be written in relation to the mayyit.

Lets do this systematically, insha’Allah. We will now apply the rules of exclusion to the heirs of both mayyits.

First Mayyit: The Haqeeqi brother is excluded. This leaves:

• Mother
• Father
• 2 Daughters
• 2 Sons
• \$200,000

Second Mayyit: All grandchildren are excluded. This leaves:

• 1 Wife
• 1 Son
• \$100,000

From this example, you can see that the same person may not always inherit from multiple mayyits. The sons/daughters inherit from the first mayyit, yet the same people do not inherit as grandsons/granddaughters of the second mayyit. The haqeeqi brother is excluded from the heirs of the first mayyit, yet he inherits as the son of the second mayyit. This is in contrast to the mother, who inherits from the first mayyit and also inherits as a wife of the second mayyit.

We now make a chart for each of the two mayyits.

Chart for Mayyit 1:

Chart for Mayyit 2:

Now lets calculate the actual money value (calculator may come in handy to follow along).

The first mayyit left behind \$200,000 out of which:

The Mother gets 3/18 or \$33,333.33
The Father gets 3/18 or \$33,333.33
Each Son gets 4/18 or \$44,444.44
Each Daughter gets 2/18 or \$22,222.22

The second mayyit was the father who left behind \$100,000. But he also received \$33,333.33 as an heir of the first mayyit. This makes his total estate \$133,333.33 out of which:

The Wife gets 1/8 or \$16,666.66. She also inherited \$33,333.33 as the mother of the first mayyit, which makes her total share \$50,000.
The Son gets 7/8 or \$116,666.62.

Final Answer:

The Wife gets 3/18 from first mayyit + 1/8 from second mayyit. Total money value ＝ \$50,000
The Son gets 7/8 from the second mayyit. Total money value ＝ \$116,666.62
Each Grandson gets 4/18 from the first mayyit. Total money value ＝ \$44,444.44 each
Each Granddaughter gets 2/18 from the first mayyit. Total money value ＝ \$22,222.22 each

Notice that in the final answer, we referred to the sons/daughters as grandsons/granddaughters. In other words, the relations we write in the final answer should be from the point of view of the last mayyit i.e. the final state of the living heirs. So even though they only inherit as sons/daughters of the first mayyit, they are still the grandsons/granddaughters of the second mayyit. And since this is their final state, this is how we will refer to them in the final answer. This is the same reason we included “Wife” in the final answer and not “Mother”. Even though they are both the same person, her final state is “Wife” and so this is what we will refer to her as in the final answer.

This principle of referring to heirs by their final state will hold true for the all finals answers in munaasakha problems.

Example 2: A man dies leaving behind

• Mother
• Father
• 2 Wives (lets call them A and B)
• 2 Daughters (from wife A)
• 3 Grandsons (from late son of wife A)
• \$300,000

Before the estate could be wound up, one daughter dies leaving behind:

• Paternal Grandmother
• Paternal Grandfather
• Mother
• Step-mother
• 1 Haqeeqi sister
• 3 Haqeeqi nephews
• Husband
• 1 Daughter
• \$30,000

This is another level-1 munaasakha problem.

Lets break it down for those who may be confused:

The parents of the first mayyit are the grandparents of the second mayyit.
Wife A of the first mayyit is the mother of the second mayyit.
Wife B of the first mayyit is the step-mother of the second mayyit.
The surviving daughter of the first mayyit is the haqeeqi sister of the second mayyit.
The 3 grandsons of the first mayyit are the 3 haqeeqi nephews of the second mayyit.
The husband and daughter of the second mayyit are the new heirs. In other words, the second mayyit got married and had a daughter of her own before passing away.

Now lets apply the rules of exclusion two both sets of heirs.

First Mayyit: No one is excluded.

Second Mayyit: The step-mother is a non-heir (a non-heir in the true sense, because step-parents and step-children never inherit); the paternal grandmother is excluded, as well as the haqeeqi sister and the 3 haqeeqi nephews. This leaves us with:

• Paternal Grandfather
• Mother
• Husband
• 1 Daughter
• \$30,000

Chart for Mayyit 1:

No residue was left for the grandsons, hence they get zero.

Chart for Mayyit 2:

As you can see, both sets ended up being `awl problems.

Now lets calculate the actual money value of the shares.

The first mayyit left behind \$300,000 out of which:

The Mother gets 8/54 or \$44,444.44
The Father gets 8/54 of \$44,444.44
Each Wife gets 3/54 or \$16,666.66
Each Daughter gets 16/54 or \$88,888.88
The Grandsons get nothing as there was zero residue.

The second mayyit was one of the daughters who left behind \$30,000. She also received \$88,888.88 as her share from the first mayyit, making her total estate valued at \$118,888.88 out of which:

The Paternal grandfather gets 2/13 or \$18,290.60
The Mother gets 2/13 or \$18,290.60
The Husband gets 3/13 or \$27,435.90
The Daughter gets 6/13 or \$54,871.80

Final Answer:

The Paternal grandmother gets 8/54 from the first mayyit. Total money value ＝ \$44,444.44
The Paternal grandfather gets 8/54 from first mayyit + 2/13 from the second mayyit. Total money value ＝ \$62,735
The Mother gets 3/54 from first mayyit + 2/13 from second mayyit. Total money value ＝ \$34,957.26
The Step-mother gets 3/54 from the first mayyit. Total money value ＝ \$16,666.66
The Haqeeqi sister gets 16/54 from the first mayyit. Total money value ＝ \$88,888.88
The Husband gets 3/13 from the second mayyit. Total money value ＝ \$27,435.90
The Daughter gets 6/13 from the second mayyit. Total money value ＝ \$54,871.80

The 3 Haqeeqi nephews inherit neither from the first nor from the second mayyit.

Once again, all relatives in the final answer are referred to by their final state i.e. their relation with the last mayyit.

Example 3: A man dies leaving behind

• 1 Wife
• 2 Sons
• 1 Daughter
• \$100,000

Before the estate could be wound up, one son dies leaving behind:

• Mother
• 1 Haqeeqi brother
• 1 Haqeeqi sister
• 1 Daughter
• 1 Son
• \$19,000

Before his estate could be wound up, his (the second mayyits) son dies, leaving behind:

• Paternal Grandmother
• 1 Haqeeqi paternal uncle
• 1 Haqeeqi paternal aunt
• 1 Haqeeqi sister
• 1 Son
• 1 Daughter
• 1 Wife
• \$20,400

This is a level-2 munaasakha problem, as now there are two mayyits in addition to the original.

For those who may be confused as to who is who in each of the three sets, lets break it down once again insha’Allah:

The wife of the first mayyit is the mother of the second mayyit.
The daughter and surviving son of the first mayyit are the haqeeqi brothers and sister of the second mayyit.
The daughter and son of the second mayyit are new heirs.

The mother of the second mayyit is the paternal grandmother of the third mayyit.
The haqeeqi brother of the second mayyit is the haqeeqi paternal uncle of the third mayyit.
The haqeeqi sister of the second mayyit is the haqeeqi paternal aunt of the third mayyit.
The daughter of the second mayyit is the haqeeqi sister of the third mayyit.
The son, daughter and wife of the third mayyit are new heirs.

Now lets apply the rules of hujub hirmaan to each of the three sets of heirs:

First Mayyit: No one is excluded.

Second Mayyit: The haqeeqi brother and haqeeqi sister are excluded. This leaves us with:

• Mother
• 1 Daughter
• 1 Son
• \$19,000

Third Mayyit: The haqeeqi paternal aunt is a non-heir; The haqeeqi paternal uncle and haqeeqi sister are excluded. This leaves us with:

• Paternal Grandmother
• 1 Son
• 1 Daughter
• 1 Wife
• \$20,400

Chart for Mayyit 1:

Chart for Mayyit 2:

Chart for Mayyit 3:

Now lets calculate the money values.

The first mayyit left behind \$100,000 out of which:

The Wife gets 5/40 or \$12,500
Each Son gets 14/40 or \$35,000
The Daughter get 7/40 or \$17,500

The second mayyit left behind \$19,000. But he also received \$35,000 as an an heir of the first mayyit. This makes his total \$54,000 out of which:

The Mother gets 3/18 or \$9,000
The Son gets 10/18 or \$30,000
The Daughter gets 5/18 or \$15,000

The third mayyit left behind \$20,400. But he also received \$30,000 as an heir of the second mayyit. This makes his total \$50,400 out of which:

The Paternal grandmother gets 12/72 or \$8,400
The Wife gets 9/72 or \$6,300
The Son gets 34/72 or \$23,800
The Daughter gets 17/72 or \$11,900

Final Answer:

The Paternal grandmother gets 5/40 from first mayyit + 3/18 from second mayyit + 12/72 from third mayyit. Total money value ＝ \$29,900
The Haqeeqi paternal uncle gets 14/40 from the first mayyit. Total money value ＝ \$35,000
The Haqeeqi paternal aunt gets 7/40 from the first mayyit. Total money value ＝ \$17,500
The Haqeeqi sister gets 5/18 from the second mayyit. Total money value ＝ \$15,000
The Son gets 34/72 from the third mayyit. Total money value ＝ \$23,800
The Daughter gets 17/72 from the third mayyit. Total money value ＝ \$11,900
The Wife gets 9/72 from the third mayyit. Total money value ＝ \$6,300

Remember, the final answer refers to all heirs by their final state! This means all heirs are referred to by their relationship with the third mayyit, even if they do not inherit from the third mayyit.

Before concluding this post, we leave you with an example problem to solve on your own.

A woman dies leaving behind:

• Husband
• 1 Granddaughter
• \$20,000

Before the estate could be wound up, the granddaughter dies leaving behind:

• Paternal grandfather
• Husband
• 4 Daughters
• \$11,000

How will the estate be divided and distributed? The final answer should include both fractional shares and money values.

Answer will be given in the next post, insha’Allah.

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