Third Category of Zaawil Arhaam

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The third category of zaawil arhaam consists of nieces as well as nephews who are not already `asabaat and may only inherit if the first two categories do not exist.  This category can be split up into the following two classes:

Class 1:

  1. Haqeeqi sister’s son
  2. Haqeeqi sister’s daughter
  3. Allaati sister’s son
  4. Allaati sister’s daughter
  5. Akhyaafi sister’s son
  6. Akhyaafi sister’s daughter
  7. Haqeeqi brother’s daughter
  8. Allaati brother’s daughter
  9. Akhyaafi brother’s son
  10. Akhyaafi brother’s daughter

Class 2:

  1. Daughter of Haqeeqi brother’s son
  2. Daughter of Allaati brother’s son
  3. Children of Akhyaafi brother’s son
  4. Children of Haqeeqi brother’s daughter
  5. Children of Allaati brother’s daughter
  6. Children of Akhyaafi brother’s daughter
  7. Children of Haqeeqi sister’s son
  8. Children of Allaati sister’s son
  9. Children of Akhyaafi sister’s son
  10. Children of Haqeeqi sister’s daughter
  11. Children of Allaati sister’s daughter
  12. Children of Akhyaafi sister’s daughter

Note that any and all members of class 1 exclude all of class 2.

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 there are members who are offspring of the same person, the estate will be divided among them in a 2:1 ratio if they are a mix of males and females. Otherwise, the estate will be divided equally among them.
  3. If there are members who are offspring of different types of siblings (i.e. some from haqeeqi, some from allaati , etc.), those closest to the mayyit will inherit and the rest will be deprived. In other words, the children of haqeeqi siblings exclude the children of allaati and akhyaafi siblings, and the children of the allaati siblings exclude the children of the akhyaafi siblings. If these children (i.e. those who are inheriting) are a mix of males and females, the estate will be divided between them in a 2:1 ratio. Otherwise, the estate will be divided among them equally.
  4. If there are members who are offspring of a brother and sister (or multiple brothers and sisters) of the same type, then the shares that the siblings would have gotten had they been alive will be transferred to their offspring. After this transference, the shares will be divided among them either equally (if they are of the same sex) or in a 2:1 ratio if they are a mix of males and females.

Example 1: A man dies leaving behind

  • 2 Haqeeqi sister’s sons (2 nephews)
  • 6 Haqeeqi sister’s daughters (6 nieces)

This is an application of class 1, rule 2. The estate will be divided between them in a 2:1 ratio.

Final Answer: The estate will be divided into 10 equal portions:

Each Haqeeqi sister’s son will get 2 portions.
Each Haqeeqi sister’s daughter will get 1 portion.

Example 2: A woman dies leaving behind

  • 3 Allaati sister’s sons
  • 1 Allaati sister’s daughter (this is from a different allaati sister than the one above)
  • 1 Allaati sister’s son (from the same allaati sister as the one immediately above)
  • 2 Akhyaafi brother’s daughters

So here we have 3 sons from an allaati sister, plus a son and daughter from a second allaati sister.

This is an application of class 1, rule 3. Therefore, the daughters of akhyaafi brother are excluded. The children of both the allaati sisters (a total of 4 males and 1 female) will inherit in a 2:1 ratio. Note that the 2:1 rule is directly applied to the heirs. The estate is NOT first split half and half between the two sisters and then split among their offspring. All the offspring are simply herded together and the 2:1 rule is applied to the whole group at once. This is because they come from siblings who are of the same type and same gender (both females in this case). If the siblings were the same type but opposite genders, then rule 4 would have been applied, and this is what we look at in example 3 soon to come.

Final Answer: The estate will be divided into 9 equal portions:

The first Allaati sister’s three sons will each get 2 portions.
The second Allaati sister’s son will get 2 portions.
The second Allaati sister’s daughter will get 1 portion.

Example 3: A woman dies leaving behind

  • 5 Haqeeqi brother’s daughters
  • 2 Haqeeqi sister’s sons
  • The following children from a second Haqeeqi sister:
    • 2 Sons
    • 3 Daughters
  • 2 Allaati brother’s daughters
  • 1 Daughter of haqeeqi brother’s son

First off, the daughter of haqeeqi brother’s son is automatically exclude as she is from class 2. Class 2 members are excluded by class 1 members.

We can also immediately exclude the allaati brothers daughters, as the haqeeqi siblings children are closer to the mayyit. This is an application of class 1, rule 3.

Next, we can split the remaining heirs into three groups: children of haqeeqi brother (5 daughters), children of first haqeeqi sister (2 sons), and children of second haqeeqi sister (2 sons and 3 daughters). To these heirs, we apply what was mentioned in class 1, rule 4; that is to say, we determine what the shares of the siblings would have been had they been alive, and then transfers those shares to their children. The shares will then be distributed among them (the children) appropriately.

Had the haqeeqi brother and two sisters been alive, they would have shared the estate in a 2:1 ratio, with each male getting twice the share of each female. Thus, the estate would be divided into 4 equal portions: the haqeeqi brother gets 2 portions, while each haqeeqi sister gets 1 portion. Now that we know the shares of the siblings, we know the shares of the three groups of children as the same shares are simply transferred over to them from their parent.

The chart, so far, would look like this:

Third cat example 3

The chart above shows the shares already transferred to the children of each sibling. Note that each of the three groups of children are a different category. Another point to understand here is that each category itself is worth a number of heads. Specifically, the left-most category is worth 2 heads while the other two are worth 1 head. This is simply because the right-most category is from the brother (who is worth 2 heads) and the other two categories are from the sisters (who are worth 1 head each).

Another important point to note is that there are two levels of head-counts going on here. One is the ‘outside’ number of heads, which is 2, 1 and 1 for each category, respectively. But remember that there is a second distribution after this initial one. Within each category the shares will be further divided among its members, so there is a number of heads inside of each category as well. The number of heads within each category are 5, 2, and 7, respectively.

Also remember, zaawil arhaam are essentially treated as `asabaat (residuaries), which is why it says “Residue 2:1” in the second row of the chart, as the residue (in this case, the entire estate is the “residue”) is divided among all three categories in a 2:1 ratio.

But we are not done yet. All we have so far is the number of portions given to each category, but what we need is the number of portions given to each individual heir. For all three categories, the portions given to it cannot be divided among its members and so we have a case of adjusting the base number when heirs of three categories cannot share their portions.

In this case, the heads-portions of each category are tabayun (‘heads’ here is referring to the number of heads within each category). Thus we look at the heads of any two categories and multiply them with each other, then multiply the result with the number of heads of the third category. Finally, we multiply this result with the base number to get the new base number. Note that the third group of children (from second sister) are 7 heads in total, as they will be inheriting in a 2:1 ratio.

5 x 2 = 10
10 x 7 = 70
70 x 4 = 280 <—— New base number

Third cat example 3

Now we simply calculate the new portions for each category – again, based on the 2:1 rule. Remember, the initial portions given to each of the three groups of children was based on the 2:1 rule applied to the siblings they are associated with. So we must do the same here, as all we’ve done is adjust the base number so that the portions can be divided among each individual heir. The actual share given to each category has not changed. This 280 will be divided among the three categories in a 2:1 ratio, with the first category (from the brother) getting twice as many portions as each of the other two. Thus we divide 280 by 4 (because the three siblings i.e. the three categories are worth 4 heads in total) and get 70 portions per head. Since the first category is worth 2 heads, it receives 140 portions, while the other two categories, each worth 1 head, receive 70 portions each.

Understand (and we are re-iterating this point as it can be a cause of great confusion) that the categories are worth 2, 1, and 1 heads respectively because of the siblings (brother, sister and sister) they are associated with. This is not to be confused with the number of heads inside each category, which are 5, 2 and 7, respectively.

Once we have the portions given to each category, we can now divide them amongst the individual members of that category, the result of which is shown in the chart above.

Final Answer: The estate will be divided into 280 equal portions:

Each Daughter of the haqeeqi brother will receive 28 portions.
Each Son of the first haqeeqi sister will receive 35 portions.
Each Son of the second haqeeqi sister will receive 20 portions.
Each Daughter of the second haqeeqi sister will receive 10 portions.

Class 2

  1. If only a single member exists, he/she will get the entire estate.
  2. If there are members who are offspring of the same person, the estate will be divided among them in a 2:1 ratio if they are a mix of males and females. Otherwise, the estate will be divided equally among them.
  3. If there are members who are offspring of different persons, only the children of an `asbah will inherit. the estate will be divided among them in a 2:1 ratio if they are a mix of males and females. Otherwise, the estate will be divided equally among them. If there are offspring from multiple `asabaat, then only the children of the `asbah (or `asabaat) closest to the mayyit will inherit.
  4. If none of the members are children of an `asbah, then the entire estate will be shared by all of them in the following manner: the shares that their inheriting parents would have gotten had they been alive will be transferred to them (the children). After this transference, the shares will be divided between them (the children) either in a 2:1 ratio if they are a mix of males and females or equally if otherwise.

Example 4: A woman dies leaving behind

  • 3 Son’s of an allaati sister’s daughter
  • 3 Daughters of the same allaati sister’s daughter

Both members are from class 2 and offspring of the same person. Therefore, we apply class 2, rule 2.

Final Answer: The estate will be divided into 9 equal portions:

Each Son of allaati sister’s daughter will receive 2 portions.
Each Daughter of allaati sister’s daughter will receive 1 portion.

Example 5: A man dies leaving behind

  • 2 Daughters of haqeeqi brother’s son
  • 4 Daughter’s of allaati brother’s son
  • The following children of akhyaafi brothers daughter:
    • 3 Sons
    • 1 Daughter
  • 1 Son of Haqeeqi sisters son

Here we have a case of several member of class 2 who are offspring of different people. This is an application of class 2, rule 3.

Only the children of the closest `asbah will inherit. This means the children of akhyaafi brother’s daughter and the son of haqeeqi sister’s son are all excluded, as both the akhyaafi brother’s daughter and haqeeqi sister’s son are NOT from `asabaat. Rather, they are zaawil arhaam. In fact, both are listed as members of class 1 in the beginning of this post.

So we are left with two groups of children: the daughters of haqeeqi brother’s son and the daughters of allaati brother’s son. Both haqeeqi brother’s son and allaati brother’s son are `asabaat, but only the children of the `asbah closest to the mayyit will inherit. The haqeeqi brother’s son is closer to the mayyit, and therefore his daughters will inherit while the daughters of the allaati brother’s son are deprived.

Final Answer: The estate will be divided into 2 equal portions:

Each Daughter of the haqeeqi brother’s son will get 1 portion.

Example 6: A woman dies leaving behind

  • Husband
  • The following children of a haqeeqi brother’s daughter:
    • 2 Sons
    • 2 Daughters
  • The following children of a second haqeeqi brother’s daughter:
    • 4 Sons
  • The following children of a haqeeqi sister’s son:
    • 5 Daughters

All of the zaawil arhaam listed are children of zaawil arhaam. In fact, haqeeqi brother’s daughter and haqeeqi sister’s son are both listed as members of class 1 in the beginning of this post. Since none are children of `asabaat, this is an application of class 2, rule 4.

Everyone will inherit in this case. First off, the husband will get his share of 1/2. The zaawil arhaam heirs will inherit the residue in the manner described in class 2, rule 4.

First off, we need to determine what the parents would have inherited, as these are the shares that will be transferred over to their children. The parents are:

  1. Haqeeqi brother’s daughter
  2. Haqeeqi brother’s daughter
  3. Haqeeqi sister’s son

Since they are all members of class 1, we need to go back to the rules of class 1 to determine how they inherit. Upon re-reading the rules of class 1, we realize that the rule that best matches the current situation is rule 4.

Class 1, rule 4 states:

“If there are members who are offspring of a brother and sister (or multiple brothers and sisters) of the same type, then the shares that the siblings would have gotten had they been alive will be transferred to their offspring….”

The three parents mentioned above are indeed offspring of siblings of the same type (the type being ‘haqeeqi’ in this case). Thus, as the rule quoted above states, they will be given what the siblings would have inherited had they been alive. The siblings (2 haqeeqi brother’s and 1 haqeeqi sister) would have inherited in a 2:1 ratio, with each male getting twice as much as the female. So the estate would have been divided into 5 equal portions: Each haqeeqi brother getting 2 portions, and the haqeeqi sister getting 1 portion.

These shares will be directly transferred over to their children (the ‘parents’ listed above). Thus, the first haqeeqi brother’s daughter and the second haqeeqi brother’s daughter will each receive 2 portions. The haqeeqi sister’s son will receive 1 portion.

Now that we know how the parents would have inherited had they been alive, their shares will be directly transferred over to their children. So the break down is as follows:

The children (2 sons, 2 daughters) of the first haqeeqi brother’s daughter (lets call them group 1) will receive 2 portions.
The children (4 sons) of the second haqeeqi brother’s daughter (lets call them group 2) will also receive 2 portions.
The children (5 daughters) of the haqeeqi sister’s son (lets call them group 3) will receive 1 portion.

Thus, we now know that the three groups of children will inherit in a 2:1 ratio. In other words, group 1 and 2 are each worth 2 heads, while group 3 is worth 1 head. This is directly because their parents inherit in this manner, and that is because the parents of their parents inherited in the same manner.

Before presenting the chart we have so far, lets do a quick recap:

We were given a list of heirs: a husband and children from three different people. The husband automatically gets his share of 1/2.

In order to know how the children inherit, we needed to know how their parents would have inherited. And in order to know how the parents would have inherited, we need to know how their parents would have inherited. Once we figured out the first generation inherits in a 2:1 ratio, we simply transferred these shares over to the second generation (the parents of the heirs). Once we did this, we again transferred these shares directly over to the children (the actual heirs). Essentially, there were two levels of share transfers in this problem. The end result was the bold and underlined statement above.

Our chart so far looks like this:

third cat example 6 part 1

The base number is 2 (for now) because that is the denominator of the share of the husband. The three groups will share the residue (which is 1 portion) in a 2:1 ratio, as we’ve already established.

A subtle point to note, and this point is similar to what we explained in example 3 of this post: That is, there are two head-counts happening here. There is the ‘outer’ number of heads of all three groups of children, and this number of heads happened to be 5. This is because of what was mentioned in the bold and underlined statement not too long ago; that is, two groups are worth 2 heads each, while one group is worth 1 head, giving us a total of 5 heads. Besides this, there is also the ‘inner’ number of heads of within each group. These numbers of heads for groups 1, 2 and 3 happens to be 6, 4 and 5, respectively.

Now lets continue insha’Allah.

The husband gets 1 portions, and all three groups of children share the other portion. Of course, we’ll have to adjust the base number now as 1 portion cannot be divided among the three groups who are worth 5 heads. When adjusting the base number, we have to treat the three groups as a single category (just as if 2 brothers and 1 sister were inheriting), and therefore consider the ‘outer’ number of heads. So here we are dealing with 5 heads and 1 portion. These two numbers are tabayun, which means we multiply 5 by the current base number (2), to arrive at the new base number of 10. From this new base number, we calculate our new portions.

Our chart now looks like this:

third cat example 6 part 2

The husband, of course, gets 5 portions. The other 5, as illustrated in the chart, are distributed among the three groups of children in a 2:1 ratio.

But we are not done yet. Now that we’ve correctly distributed portions to each of the three groups, we have to distribute the portions each group received among the individual children of that group. Remember, an inheritance problem is not solved until every individual is assigned a whole number of portions.

A quick look back to to class 2, rule 4 reminds us that the children will inherit in a 2:1 ratio if a mix of males and females and equally if otherwise.

Just to make this clear, what we are doing now is dividing 2 portions among the 4 children of group 1; 2 portions among the 4 children of group 2; and 1 portion among the 5 children of group 3.

Now we need to treat each group as a separate category, and thus we consider the ‘inner’ number of heads i.e. the number of heads within each group. In this case, the portions given to all three categories (i.e. all three groups) is not divisible by the number of heads in that category. This means we must adjust the base number again so the heirs of all three categories can receive whole number portions. We’ve learned this before and should be proficient at this by now. We will first resolve category 1 and 2.

The heads-portions of category 1 are 6 and 2, respectively. These numbers are tawafuq.
The heads-portions of category 2 are 4 and 2, respectively. These numbers are also tawafuq.

Thus, we consider the wafq of the number of heads of both categories, which we have calculated to be 3 and 2, respectively. These two numbers are tabayun, and so we multiply them to get 6. Now X = 6.

With the first two categories resolved, we move on to the third and final category.

The heads-portions of category 3 are 5 and 1. These two numbers are tabayun, and therefore Y = 5.

Now we resolve X and Y.

X = 6
Y = 5

Because they are tabayun in relation to each other, we multiply them to get 30. Finally, we multiply 30 by the current base number (10) to get our new base number, 300.

With the new base number and the resulting new portions, our final chart looks like this:

third cat example 6 part 3

The husband gets his share of 1/2, or 150 portions.

The remaining 150 portions will first be divided among the three groups in a 2:1 ratio. This is is shown in the chart with the 60-60-30 division between the three groups (and remember, the way to do this is exactly how we would divide the residue among two brothers and a sister). Next we further divide those portions within each group among its members, as also shown in the chart.

Final Answer: The estate will be divided into 300 equal portions:

From the children of the first haqeeqi brother’s daughter:
Each Son will receive 20 portions.
Each Daughter will receive 10 portions.

From the children of the second haqeeqi brother’s daughter:
Each Son will receive 15 portions.

From the children of the haqeeqi sister’s son:
Each Daughter will receive 6 portions.

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