First Category of Zaawil Arhaam

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The first category of zaawil arhaam consists of descendants who are not already zaawil furoodh or `asabaat, and can be split into the following three classes:

Class 1: Daughters’ Children

Class 2: Son’s Daughter’s Children

Class 3: Daughter’s Children’s Children

Again, the order here is very important. If a member of class 1 is present, any and all members of class 2 and class 3 are excluded. Similarly, class 2 excludes class 3.

The detailed rules for each class are presented below, followed by examples.

Class 1

  1. If only a single member exists, he/she will get the entire estate.
  2. If multiple males exist, the estate will be divided equally among them.
  3. If multiple females exist, the estate will be divided equally among them.
  4. If both males and females exist, they will inherit in a 2:1 ratio.

Example 1: A man dies leaving behind

  • 3 Daughter’s daughters
  • 1 Son’s daughter’s son
  • 2 Daughter’s son’s sons

The great-grandchildren are all excluded.

Final Answer: The estate will be divided into 3 equal portions:

Each Granddaughter will receive 1 portion.

Class 2

  1. If only a single member exists, he/she will get the entire estate.
  2. If multiple males exist, the estate will be divided equally among them.
  3. If multiple females exist, the estate will be divided equally among them.
  4. If both males and females exist, they will inherit in a 2:1 ratio.

Example 2: A man dies leaving behind

  • 1 Son’s daughter’s son
  • 2 Son’s daughter’s daughters

Final Answer: The estate will be divided into 4 equal portions:

The Great-grandson will receive 2 portions.
Each Great-granddaughter will receive 1 portion.

Example 3: A woman dies leaving behind

  • 3 Son’s daughter’s sons (3 great-grandsons via son)
  • 2 Son’s daughters’ daughters (2 great-granddaughters via son)
  • 1 Daughter’s son’s son (1 great-grandson via daughter)

The great-grandson via daughter is excluded because he is from class 3, while the others are all from class 2.

Final Answer: The estate will be divided into 8 equal portions:

Each Great-grandson via son will receive 2 portions.
Each Great-granddaughter via son will receive 1 portion.

Class 3

  1. If only a single member exists, he/she will get the entire estate.
  2. If multiple children exist from only daughter’s son (or multiple such grandsons), then the estate will be divided equally among them if they are all of the same sex. If they are a mix of males and females, they will inherit in a 2:1 ratio.
  3. If multiple children exist from only daughter’s daughter (or multiple such granddaughters), then the estate will be divided equally among them if they are all of the same sex. If they are a mix of males and females, they will inherit in a 2:1 ratio.
  4. If multiple children exist from both daughter’s son and daughter’s daughter (or multiple such grandchildren), then the estate will be divided between the two groups in a 2:1 ratio. Essentially, the estate will divided into 3 equal portions: 2 of these portions go to the children of the grandson(s), while 1 portion goes to the children of the granddaughter(s). The 2 portions given to the children of the grandson(s) will be further divided equally among them if they are of the same sex, or otherwise in a 2:1 ratio of they are a mix of males and females. The 1 portion given to the children of the granddaughter(s) will be further divided equally among them if they are of the same sex, or otherwise in a 2:1 ratio if they are a mix of males and females.

Example 4: A man dies leaving behind

  • 1 Wife
  • From Daughter’s sons:
    • 8 Sons
    • 6 Daughters
  • From Daughter’s daughters:
    • 6 Sons
    • 8 Daughters

The wife will inherit her full share of 1/4. After the wife gets her share, the zaawil arhaam will inherit the residue. Remember, although a spouse is from zaawil furoodh, he/she does not exclude zaawil arhaam. This is the one and only exception to Rule #1 mentioned in the previous post.

We have two groups of great-grandchildren here: one from daughter’s sons (lets call it group A) and the other from daughter’s daughters (lets call it group B). The residue will be divided between them in a 2:1 ratio, with group A getting twice as much as group B. Since both groups have a mix of males and females, the residue given to each will be further divided among their members according to the the 2:1 rule, each male getting twice as much as each  female.

Since this is a bit more involved, the chart is shown below:

First category example 3

Final Answer: The estate will be divided into 880 equal portions:

The Wife will get 220 portions.
Each Son from grandson gets 40 portions.
Each Daughter from grandson gets 20 portions.
Each Son from granddaughter gets 22 portions.
Each Daughter from granddaughter gets 11 portions.

A couple things to note here: first, the wife gets her full share. Zaawil arhaam grandchildren/descendants do NOT partially exclude a spouse. Second, notice the structure of the chart: There are three separate categories. The wife is in her own category, while group and are each in their own separate category. This is unlike in the scenario of a daughter and son inheriting together, in which case they would be put in the same category and share the residue in a 2:1 ratio. In this case, however, although the two groups are sharing the residue in the same way, they are treated as separate categories as they have different parents.

Notice also that group A initially got 2 portions while group B got 1 portion. In other words, group A (children of grandson) is worth 2 heads while group B (children of granddaughter) is worth 1 head. This point, although it may be obvious, is an important one to note, as it may not always come out so cleanly to 2 portions and 1 portion. Think of what would happen if we change the wife to a husband. That would leave 1 portion as residue, which cannot be divided among the two groups (which add to 3 heads in total), hence the base number would have to be adjusted. Once both groups have gotten their respective portions, the base number would once again have to be adjusted so that each individual of each group is assigned a whole number of portions.

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