Fourth Category of Zaawil Arhaam

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Fourth category of zaawil arhaam consists of uncles, aunts and cousins who are not already `asabaat and may only inherit if the first three categories do not exist. This category can be split up into three classes:

Class 1 consists of aunts and uncles and is subdivided into two sub-classes. Class 1(a) consists of paternal uncles/aunts while class 1(b) consists of maternal uncles/aunts.

Class 1(a):

  1. Haqeeqi paternal aunt (father’s haqeeqi sister)
  2. Allaati paternal aunt (father’s allaati sister)
  3. Akhyaafi paternal aunt (father’s akhyaafi sister)
  4. Akhyaafi paternal uncle (father’s akhyaafi brother)

Class 1(b):

  1. Haqeeqi maternal uncle (mother’s haqeeqi brother)
  2. Haqeeqi maternal aunt (mother’s haqeeqi sister)
  3. Allaati maternal uncle (mother’s allaati brother)
  4. Allaati maternal aunt (mother’s allaati sister)
  5. Akhyaafi maternal uncle (mother’s akhyaafi brother)
  6. Akhyaafi maternal aunt (mother’s akhyaafi sister)

Class 2 consists of cousins and is also subdivided into two sub-classes. Class 2(a) consists of cousins via paternal uncles/aunts while class 2(b) consists of cousins via maternal uncles/aunts.

Class 2(a):

  1. Daughters of the Haqeeqi paternal uncle
  2. Children of the Haqeeqi paternal aunt
  3. Daughters of the Allaati paternal uncle
  4. Children of the Allaati paternal aunt
  5. Children of the Akhyaafi paternal uncle
  6. Children of the Akhyaafi paternal aunt

Class 2(b):

  1. Children of the Haqeeqi maternal uncle
  2. Children of the Haqeeqi maternal aunt
  3. Children of the Allaati maternal uncle
  4. Children of the Allaati maternal aunt
  5. Children of the Akhyaafi maternal uncle
  6. Children of the Akhyaafi maternal aunt

Class 3 consists of aunts and uncles of the mayyit’s parents and is subdivided into four sub-classes. Class 3(a) consists of the father’s paternal uncles/aunts while class 3(b) consists of the father’s maternal uncles/aunts; Class 3(c) consists of the mother’s paternal uncles/aunts while class 3(d) consists of the mother’s maternal uncles/aunts.

Class 3(a):

  1. Father’s Haqeeqi paternal aunt
  2. Father’s Allaati paternal aunt
  3. Father’s Akhyaafi paternal uncle
  4. Father’s Akhyaafi paternal aunt

Class 3(b):

  1. Father’s Haqeeqi maternal uncle
  2. Father’s Haqeeqi maternal aunt
  3. Father’s Allaati maternal uncle
  4. Father’s Allaati maternal aunt
  5. Father’s Akhyaafi maternal uncle
  6. Father’s Akhyaafi maternal aunt

Class 3(c):

  1. Mother’s Haqeeqi paternal aunt
  2. Mother’s Allaati paternal aunt
  3. Mother’s Akhyaafi paternal uncle
  4. Mother’s Akhyaafi paternal aunt

Class 3(d):

  1. Mother’s Haqeeqi maternal uncle
  2. Mother’s Haqeeqi maternal aunt
  3. Mother’s Allaati maternal uncle
  4. Mother’s Allaati maternal aunt
  5. Mother’s Akhyaafi maternal uncle
  6. Mother’s Akhyaafi maternal aunt

As always, class 1 excludes class 2 and 3; class 2 excludes class 3.

We realize this is quite a long list, but nonetheless, it is expected that you memorize all the heirs in it and in all the other categories of zaawil arhaam as well. We have presented the lists of classes in an organized fashion, dividing them up into sections in order to make it easy for you to memorize them. Memorizing the zaawil arhaam heirs is just as important as it was to memorize the zaawil furoodh and `asabaat. The task is not much more difficult. Realize that success in the next quiz depends on how well you know the zaawil arhaam, as you will not be allowed to refer back to these lists during the quiz.

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 multiple members of the same kind (e.g. 5 haqeeqi paternal aunts), the estate will be divided equally among them.
  3. If there are multiple members of different kind who all belong to class 1(a), then member 1 in class 1(a) will exclude all those below her. Similarly, member 2 will exclude all those below her. However, if only members 3 and 4 exist, they will inherit together equally. They will NOT inherit in a 2:1 ratio.
  4. If there are multiple members of different kind who all belong to class 1(b), then members 5 and 6 will exclude all those below them. Similarly, members 7 and 8 will exclude the two members below them. Members 9 and 10 will inherit only in the absence of the above four members. Note that member 5 does not exclude member 6, rather they inherit together. Similarly, member 7 does not exclude member 8, nor does member 9 exclude member 10. These three pairs of relatives inherit together. However, it should be understood that any single member from the three pairs excludes all the pairs of relatives below him/her. So, for example, member 6 (who is female) will exclude members 7, 8, 9 and 10. When members 5 and 6 inherit together, they will inherit in a 2:1 ratio; when members 7 and 8 inherit together, they will inherit in a 2:1 ratio. However, when members 9 and 10 inherit together, they will inherit equally; they will NOT inherit in a 2:1 ratio.
  5. If there are members of both class 1(a) and class 1(b), the estate will be shared between the two sub-classes in a 2:1 ratio. Class 1(a) in this case will be worth 2 heads (i.e. it will receive 2/3), while class 1(b) will be worth 1 head (i.e. it will receive 1/3). The portion(s) given to each sub-class will now be further divided among it members in exactly the way described in rules 3 and 4 pertaining to class 1(a) and class 1(b).

Example 1: A man dies leaving behind

  • 1 Wife
  • 3 Allaati maternal uncles

This is a simple application of class 1, rule 2. The wife will get her share, and the rest will be divided among the uncles evenly.

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

The Wife will get 1 portion.
Each Allaati maternal uncle will get 1 portion.

Example 2: A man dies leaving behind

  • 2 Haqeeqi paternal aunts
  • 3 Allaati paternal aunts
  • 1 Akhyaafi paternal uncle

This is an application of class 1, rule 3. All members belong to class 1(a). All are excluded except for the haqeeqi paternal aunts, as they are both member 1 on the list. The estate will be divided between them.

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

Each Haqeeqi paternal aunt will get 1 portion.

Example 3: A woman dies leaving behind

  • 2 Akhyaafi paternal aunts
  • 3 Akhyaafi paternal uncles
  • 2 Daughters of Haqeeqi paternal uncle
  • 1 Haqeeqi maternal uncle of Mother

Firstly, the 2 daughters of haqeeqi paternal uncle (i.e. cousins) and the mother’s haqeeqi maternal uncle are all excluded because they are from class 2 and 3, respectively, while the ahkyaafi uncles/aunts are from class 1.

Now that we are left with the akhyaafi aunts and uncles, we see that this is an application of class 1, rule 3.

Remember that in this case neither do the aunts exclude the uncles nor do the uncles exclude the aunts. Rather they both inherit equally, just as akhyaafi siblings would. The 2:1 rule will not be applied in this case.

Final Answer: The estate will be divided into 5 equal portions:

Each Akhyaafi paternal aunt will get 1 portion.
Each Akhyaafi paternal uncle will get 1 portion.

Example 4: A woman dies leaving behind

  • Husband
  • 3 Allaati maternal aunts
  • 1 Akhyaafi maternal uncle
  • 1 Akhyaafi maternal aunt
  • 1 Akhyaafi maternal aunt of Mother

Firstly, the mother’s akhyaafi maternal aunt is automatically excluded as she is from class 3, while all other zaawil arhaam are from class 1.

This is an application of class 1, rule 4. Thus, we know that the akhyafi maternal aunt and uncle (members 9 and 10) are excluded by the allaati maternal aunts (member 8s). Remember, member 7 (allaati maternal uncle) does not have to exist to exclude members 9 and 10. A single member from the pair is sufficient to exclude all the pairs below it.

So now the only relatives left are the husband and the 3 allaati maternal aunts. Of course, the husband will get his share of 1/2. The residue will be divided among the 3 allaati maternal aunts equally. Remember, if allaati maternal uncle(s) (member 7s) existed, the residue would have been shared between members 7 and 8 in a 2:1 ratio. But because only 3 aunts (i.e. all female) exist, the residue will be simply divided between them equally.

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

The Husband will receive 3 portions.
Each Allaati maternal aunt will receive 1 portion.

Example 5: A man dies leaving behind

  • 2 Wives
  • 1 Akhyaafi maternal uncle
  • 5 Akhyaafi maternal aunts

Again, this is an application of class 1, rule 4.

The wives will get their share of 1/4. The residue will be divided equally among the akhyaafi maternal uncle and aunts. Remember that members 9 and 10 do not inherit in a 2:1 ratio, rather they inherit equally just as akhyaafi siblings would.

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

Each Wife will get 1 portion.
The Akhyaafi maternal uncle will get 1 portion.
Each Akhyaafi maternal aunt will get 1 portion.

Example 6: A man dies leaving behind

  • 1 Haqeeqi paternal aunt
  • 2 Allaati paternal aunts
  • 2 Akhyaafi paternal aunts
  • 1 Haqeeqi maternal uncle
  • 1 Haqeeqi maternal aunt
  • 1 Allaati maternal uncle
  • 3 Allaati maternal aunts
  • 1 Akhyaafi maternal aunt

Firstly, the 2 allaati paternal aunts and 2 akhyaafi paternal aunts are excluded by the haqeeqi paternal aunt. Member 1 in class 1(a) excludes all those below her in class 1(a).

Secondly, the allaati maternal uncle, allaati maternal aunts, as well as the akhyaafi maternal aunt are all excluded by the haqeeqi maternal uncle and aunt. Members 5 and 6 of class 1(b) exclude all those below them in class 1(b). Remember that member 5 does not exclude member 6, rather they inherit together in a 2:1 ratio.

So we are left with the following eligible heirs:

  • 1 Haqeeqi paternal aunt
  • 1 Haqeeqi maternal uncle
  • 1 Haqeeqi maternal aunt

Members of both class 1(a) and class 1(b) exist, therefore this problem is an application of class 1, rule 5. Now we simply follow the rule and solve the problem.

The estate will first be divided between the two sub-classes in a 2:1 ratio. Then the portion(s) given to each class will be distributed among its member(s). If this it not possible, the base number will be adjusted.

The complete chart is below:

4th cat example 6

The initial base number is 3 because class 1(a) (the paternal aunt) is worth 2 heads, while class 1(b) (the maternal uncle and aunt) is worth 1 head.

Once the portions were assigned to each sub-class, we needed to distribute those portions among each individual in the class. The case of class 1(a) this was easy, as the paternal aunt is the only heir and so the 2 portions go to her. In the case of class 1(b) it was not so simple, as maternal uncle and aunt inheriting together are worth three heads, and 1 portion cannot be divided among 3 heads. Thus, the base number was adjusted to 9.

The new portions were  again assigned according to the 2:1 rule, with class 1(a) getting 6 and class 1(b) getting 3. The 3 portions given to class 1(b) are now able to be distributed among the 3 heads; the uncle receives 2 portions while the aunt receives 1.

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

The Haqeeqi paternal aunt will get 6 portions.
The Haqeeqi maternal uncle will get 2 portions.
The Haqeeqi maternal aunt will get 1 portion.

Class 2

  1. If only a single member exists, he/she will get the entire estate.
  2. If there are multiple members who all belong to class 2(a), then member 1 will exclude all those below her in class 2(a). Member 2 can only inherit in the absence of member 1, and will similarly exclude all members below him/her. Member 3 may only inherit in the absence of the previous two members and also excludes all those below her. Member 4 may only inherit in the absence of the previous three members and also excludes all those below him/her. Members 5 and 6, however, are different. Member 5 does NOT exclude member 6. If both exist, they will inherit together. An important note: no member of class 2(a) excludes any member of class 2(b). Any exclusion mentioned in this rule happens within class 2(a). Now lets discuss how these members inherit:
    • Member 1s will inherit their share equally among themselves.
    • Member 2s inherit equally if they are all of the same gender. Otherwise they inherit in a 2:1 ratio.
    • Member 3s will inherit their share equally among themselves.
    • Member 4s inherit equally if they are all of the same gender. Otherwise they inherit in a 2:1 ratio.
    • Member 5s will inherit their share equally, even if the genders are mixed. The 2:1 rule will NOT apply here.
    • Member 6s will inherit their share equally, even if the genders are mixed. The 2:1 rule will NOT apply here.
    • If both members 5 and 6 exist, even then they will all inherit equally. The 2:1 rule will still NOT apply.
  3. If there are multiple members who all belong to class 2(b), the rules of exclusion in the case is as follows: Members 7 and 8 exclude all members below them. Member 7 does not exclude member 8, rather they inherit jointly if both exist. If either member 7 or member 8 exists, he/she will exclude all members below them, it is not necessary for both of them to exist for the exclusion to apply. Members 9 and 10 behave in a similar way. The same rules will apply to this pair; they inherit jointly if both exist and either one of them or both of them existing will exclude members 11 and 12. Members 11 and 12 will only inherit in the absence of the above two pairs. Member 11 does not exclude member 12, rather they both inherit jointly. Now lets go through how these members inherit:
    • Members 7 will inherit equally if they are all of the same gender; otherwise they inherit in a 2:1 ratio. Members 8 will inherit equally if they are all of the same gender; otherwise they inherit in a 2:1 ratio. If both members 7 and 8 are inheriting, members 7 will get twice the share of members 8. Essentially, members 7 are worth two heads and thus get 2/3, while members 8 are worth 1 head and thus get 1/3. After this division, the share(s) will be further divided among the 7’s and 8’s according to the rules already mentioned.
    • Members 9 will inherit equally if they are all of the same gender; otherwise they inherit in a 2:1 ratio. Members 10 will inherit equally if they are all of the same gender; otherwise they inherit in a 2:1 ratio. If both members 9 and 10 are inheriting, members 9 will get twice the share of members 10. Essentially, members 9 are worth two heads and thus get 2/3, while members 10 are worth 1 head and thus get 1/3. After this division, the share(s) will be further divided among the 9’s and 10’s according to the rules already mentioned.
    • Members 11 inherit equally whether they are all of the same gender or mixed. Members 12 also inherit equally whether they are all of the same gender or mixed. If both members 11 and 12 are inheriting, they will still all inherit equally whether they are of the same gender or mixed.
  4. If there are members who belong to both class 2(a) and class 2(b), then the two sub-classes will inherit in a 2:1 ratio, with class 2(a) getting twice the share of class 2(b). Essentially, class 2(a) is worth two heads, and thus receives 2/3, while class 2(b) is worth one head, and thus receives 1/3. After this initial division, the portion(s) given to each sub-class will be further divided among its members in exactly the way described in rules 2 and 3 pertaining to class 2(a) and class 2(b).

Example 7: A man dies leaving behind

  • 2 Sons of Haqeeqi paternal aunt
  • 2 Daughters of Haqeeqi paternal aunt
  • 2 Daughters of Allaati paternal uncle
  • 1 Son of Akhyaafi paternal aunt
  • 1 Daughter of Akhyaafi paternal aunt
  • 1 Haqeeqi maternal aunt of Father

Father’s haqeeqi maternal aunt is from class 3, so she is immediately excluded. All the rest are members of class 2(a). The 2 sons and 2 daughters of haqeeqi paternal aunt are the only ones that inherit as they are the highest members (member 2s) on the list and member 2 excludes all members below him/her. The 2 daughters of allaati paternal uncle are member 3s, while the son and daughter of akhyaafi paternal aunt are members 6.

As per class 2, rule 2, the children of the haqeeqi paternal aunt will inherit in a 2:1 ratio.

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

Each Son of Haqeeqi paternal aunt will get 2 portions.
Each Daughter of Haqeeqi paternal aunt will get 1 portion.

Example 8: A woman dies leaving behind

  • Husband
  • 2 Sons of Akhyaafi paternal uncle
  • 3 Daughters of Akhyaafi paternal uncle
  • 1 Daughter of Akhyaafi paternal aunt
  • 1 Haqeeqi paternal aunt of Father
  • 2 Allaati paternal aunts of Father

Father’s haqeeqi and allaati paternal aunts are both from class 3, so they are automatically excluded. The rest of the heirs are the husband and class 2(a) heirs. The husband, of course, will get his share of 1/2. The class 2(a) heirs are all members 5 and 6, and thus (according to class 2, rule 2) will inherit equally. The 2:1 is not applied in this case.

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

The Husband will get 6 portions.
Each Son of Akhyaafi paternal uncle will get 1 portion.
Each Daughter of Akhyaafi paternal uncle will get 1 portion.
The Daughter of Akhyaafi paternal aunt will get 1 portion.

Example 9: A man dies leaving behind

  • 2 Wives
  • 5 Daughters of Haqeeqi maternal uncle
  • 1 Son of Allaati maternal uncle
  • 1 Son of Allaati maternal aunt
  • 3 Sons of Akhyaafi maternal uncle
  • The following children of Akhyaafi maternal aunt:
    • 3 Sons
    • 3 Daughters

Besides the wives, all potential heirs belong to class 2(b). We already know that class 2, rule 3 will be applied

In this case, only the wives and the 5 daughters of haqeeqi maternal uncle will inherit. The 5 daughters are members 7, while all other zaawil arhaam given are members 9 or lower. So as per rule 3, they are all excluded.

The wives will inherit a total of 1/4, while the 5 daughters will inherit the rest equally.

Final Answer: The estate will be divided into 40 equal portions:

Each Wife will get 5 portions.
Each Daughter of haqeeqi maternal uncle will get 6 portions.

Example 10: A man dies leaving behind

  • The following children of Akhyaafi maternal uncle:
    • 1 Son
    • 1 Daughter
  • The following children of a second Akhyaafi maternal uncle:
    • 2 Sons
    • 1 Daughter
  • The following children of Akhyaafi maternal aunt:
    • 5 Daughters

This is a very simple problem. All potential heirs are members of class 2(b) and all are either members 11 or 12. As per class 2, rule 3, all will inherit equally regardless of gender. So we simply add up the heirs and divide the estate by that number.

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

The Son of Akhyaafi maternal uncle will receive 1 portion.
The Daughter of Akhyaafi maternal uncle will receive 1 portion.
Each Son of the second Akhyaafi maternal uncle will receive 1 portion.
The Daughter of the second Akhyaafi maternal uncle will receive 1 portion.
Each Daughter of Akhyaafi maternal aunt will receive 1 portion.

Example 11: A woman dies leaving behind

  • 4 Daughters of Allaati paternal uncle
  • The following children of Allaati maternal uncle
    • 2 Sons
    • 2 Daughters
  • 2 Sons of Allaati maternal aunt
  • 2 Akhyaafi paternal uncles of Mother

The 2 uncles of the mayyit’s mother are from class 3, while all others are from class 2, and therefore the 2 uncles are automatically excluded.

The 4 daughters of allaati paternal uncle (member 3s) are from class 2(a). The 2 sons and 2 daughters of the allaati maternal uncle (member 9s) as well as the 2 sons of the allaati maternal aunt (member 10s) are from class 2(b).

Since we have a mix of the two sub-classes here, rule 4 of class 2 will be applied. That is, class 2(a) and 2(b) will initially inherit in a 2:1 ratio (as a brother and sister would, but this time class 2(a) is the ‘brother’ and class 2(b) is the ‘sister’). Once this initial division is done, members 9 and 10 of class 2(b) will further have there portions divided among them in a 2:1 ratio, with 9’s getting twice the share of 10’s. Then finally, since 9’s are a of mixed gender, their portions will be even further divided among them in a 2:1 ratio, with males getting twice that of females.

See the complete chart below:

Cat4 zaawil arhaam example 11

Let us give a quick walk-through of the chart above.

We start with our heirs, making sure to split them into the two appropriate sub-classes. Right now, we essentially have two categories, which will share the residue (i.e. the entire estate) in a 2:1 portion, hence the base number being 3. Class 2(a) receives 2 portions while class 2(b) receives 1 portion.

Now we need to divide the portions of class 2(a) among its heirs and the portions of class 2(b) in a 2:1 ratio among members 9 and 10 (who together represent 3 heads). However, in class 2(a), 2 portions cannot be divided among 4 heads. Furthermore, in class 2(b), the single portion cannot be divided among the 3 heads (i.e. member 9s – worth 2 heads, and member 10s – worth 1 head). So this is the case of when heirs of two categories cannot share their portions evenly (while ‘categories’ in this case is actually ‘sub-classes’). Thus, we must adjust the base number. After doing the math, the new base number comes out to 18.

Once again, class 2(a) and 2(b) will split the 18 portions in a 2:1 ratio, 12 and 6 portions, respectively. The 6 portions given to class 2(b) are then split among members 9 and 10 in a 2:1 ratio, 4 and 2 portions, respectively.

The only thing left to do now is to distribute the portions given to member 9s among their heirs. The 2 sons and 2 daughters represent 6 heads, and 6 heads cannot share 4 portions. Thus, we must once again adjust the base number for this one ‘category’ (i.e. sub-class of a sub-class). This time we end up with a base number of 54.

Once again, class 2(a) and 2(b) will split the 54 portions in a 2:1 ratio, 36 and 18 portions, respectively. The 36 portions given to class 2(a) will be divided among the 4 daughters evenly. The 18 portions given to class 2(b) will be divided among members 9 and 10 in a 2:1 ratio, 12 and 6 portions, respectively. Finally, the 12 portions given to member 9s will be divided in a 2:1 ratio between the sons and daughters.

Final Answer: The estate will be divided into 54 equal portions:

Each Daughter of Allaati paternal uncle will get 9 portions.
Each Son of Allaati maternal uncle will get 4 portions.
Each Daughter of Allaati maternal uncle will get 2 portions.
Each Son of Allaati maternal aunt will get 3 portions.

Class 3

  1. If only a single member exists, he/she will get the entire estate.
  2. If there are multiple members who all belong to class 3(a), member 1 will exclude all those below her in class 3(a). Similarly, member 2 will exclude all those below her in class 3(a). However, member 3 does not exclude member 4. If both exist and are eligible to inherit (i.e. neither member 1 or 2 exists), then they will inherit equally just as akhyaafi siblings do.
  3. If there are multiple members who all belong to class 3(b), then we will treat them as pairs similar to what was mentioned in class 2, rule 3. Members 5 and 6 are a pair; either one or both of them will exclude all those below them in class 3(b). If both exist, then they will inherit in a 2:1 ratio. Members 7 and 8 are a pair and behave in the exact same way as 5 and 6. Members 9 and 10, however, do not inherit together in a 2:1 ratio. Rather they inherit equally, just as akhyaafi siblings would.
  4. If there are multiple members who all belong to class 3(c), member 11 will exclude all those below her in class 3(c). Similarly, member 12 will exclude all those below her in class 3(c). However, member 13 does not exclude member 14. If both exist and are eligible to inherit (i.e. neither member 11 or 12 exists), then they will inherit equally, just as akhyaafi siblings would.
  5. If there are multiple members who all belong to class 3(d), then we will treat them as pairs similar to what was mentioned in rule 3 of this class. Members 15 and 16 are a pair; either one or both of them will exclude all those below them in class 3(d). If both exist, then they will inherit in a 2:1 ratio. Members 17 and 18 are a pair and behave in the exact same way as 15 and 16. Members 19 and 20, however, do not inherit together in a 2:1 ratio. Rather they inherit equally, just as akhyaafi siblings would.
  6. If there are multiple members who all belong to class 3(a) and class 3(b), we will do the following:
    1. Apply the rules of exclusion mentioned for class 3(a) (see #2 above).
    2. Then apply the rules of exclusion mentioned for class 3(b) (see #3 above).
    3. The estate will then be divided into 2 halves: one half will go to the heir(s) from class 3(a), and the other half will go to the heir(s) from class 3(b).
    4. Each half will then be further divided among the members of class 3(a) and class 3(b) according to their respective rules already mentioned in #2 and 3.
  7. If there are multiple members who all belong to class 3(c) and class 3(d), we will do the following:
    1. Apply the rules of exclusion mentioned for class 3(c) (see #4 above).
    2. Then apply the rules of exclusion mentioned for class 3(d) (see #5 above).
    3. The estate will then be divided into 2 halves: one half will go to the heir(s) from class 3(c), and the other half will go to the heir(s) from class 3(d).
    4. Each half will then be further divided among the members of class 3(c) and class 3(d) according to their respective rules already mentioned in #4 and 5.
  8. If there are multiple members who are from the fathers side and mothers side, then the estate will be divided into 3 equal portions: 2 portions will go to the heir(s) from the fathers side and 1 portion will go to the heir(s) from the mothers side. This distribution, of course, will be done after applying the rules of exclusion for all the sub-classes inheriting. Depending on exactly which sub-classes are inheriting, the portions given to each sub-class will be further divided among its members according to the appropriate rules already mentioned.

Example 12: A man dies leaving behind

  • 1 Wife
  • 1 Allaati paternal aunt of Father
  • 2 Akhyaafi paternal uncles of Father

The wife will, of course, inherit her 1/4.

The others are all relatives from class 3(a), and so we apply class 3, rule 2. The allaati paternal aunt is member 2, while the akhyaafi paternal uncles are member 3s. Therefore the akhyaafi paternal uncles are excluded, and the allaati paternal aunt will get the residue.

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

The Wife will get 1 portion.
The Allaati paternal aunt of Father will get 3 portions.

Example 13: A woman dies leaving behind

  • 3 Haqeeqi maternal uncles of Father
  • 1 Haqeeqi maternal aunt of Father
  • 1 Allaati maternal uncle of Father
  • 2 Akhyaafi maternal aunts of Father

Notice that all these members are from class 3(b). We know now that we will be applying rule 3.

The haqeeqi maternal uncles and maternal aunts are members 5 and 6, respectively. The rest are all members 7 or lower, and therefore they are excluded. Remember, members 5 and 6 inherit in a 2:1, with each uncle getting twice as much as each aunt.

Final Answer: The estate will be divided into 7 equal portions:

Each Haqeeqi maternal uncle of Father will get 2 portions.
Each Haqeeqi maternal aunt of Father will get 1 portion.

Example 14: A man dies leaving behind:

  • 2 Akhyaafi paternal aunts of Mother
  • 3 Akhyaafi paternal uncles of Mother
  • 1 Sister-in-Law

The sister-in-law is a non-heir, so she is automatically out.

The others are members 13 and 14 of class 3(c), and they will both inherit as per rule 4. Remember that they do not inherit in a 2:1 ratio, rather they all inherit equally, just as akhyaafi siblings would.

Final Answer: The estate will be divided into 5 equal portions:

Each Akhyaafi paternal aunt of Mother will get 1 portion.
Each Akhyaafi paternal uncle of Mother will get 1 portion.

Example 15: A woman dies leaving behind

  • Husband
  • 1 Haqeeqi maternal aunt of Mother
  • 1 Allaati maternal uncle of Mother
  • 1 Akhyaafi maternal uncle of Mother

The husband, of course, will get his share of 1/2.

All others in the list are from class 3(d). The Haqeeqi maternal aunt is member 16 while the other two are members 17 and 19, respectively. Therefore, members 17 and 19 are excluded and the haqeeqi maternal aunt will get the residue. Remember that even a single member of a pair will exclude all other pairs below him/her.

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

The Husband will get 1 portion.
The Haqeeqi maternal aunt of Mother will get 1 portion.

Example 16: A man dies leaving behind

  • 1 Allaati paternal aunt of Father
  • 1 Akhyaafi paternal aunt of Father
  • 1 Allaati maternal uncle of Father
  • 1 Allaati maternal aunt of Father
  • 2 Akhyaafi maternal uncles of Father

All potential heirs are from class 3(a) and 3(b), so we automatically know that this will be an application of rule 6.

As per rule 6, we must first apply the rules of exclusion for class 3(a). The allaati paternal aunt and akhyaafi paternal aunt of father are members 2 and 4, respectively. Thus, member 4 is excluded.

Next we apply the rules of exclusion for class 3(b) and realize that the 2 akhyaafi maternal uncles of father are excluded. They are member 9s, while the other two relatives listed from class 3(b) are members 7 and 8, respectively.

We’ve narrowed down our list to the following:

  • 1 Allaati paternal aunt of Father
  • 1 Allaati maternal uncle of Father
  • 1 Allaati maternal aunt of Father

The first relative listed is from class 3(a) and the other two are a pair from class 3(b). As per rule 6, we divide the estate into two portions (base number is 2): 1 portion goes to class 3(a) and the other portion goes to class 3(b).

Once we’ve given a portion to each class, we must further divide it up so each individual in the class has a whole number of portions assigned to him/her. Class 3(a) is fine as it has only one member inheriting the single portion. Class 3(b), however, has a pair inheriting a single portion. Therefore, we must adjust the base number so the resulting portions can be divided among the pair.

Remember that members 7 and 8 inherit in a 2:1 ratio. So here we have a category with 3 heads and 1 portion. Also recall that the current base number is 2. The number of heads and portions are tabayun, and so the resulting new base number is therefore 6. Once this new base number is calculated, its just a matter of updating the portions given to each class and dividing the portions given to class 3(b) among the pair.

We’ve included the solution in the form of this chart below:

Cat4 Example 5

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

The Allaati paternal aunt of Father gets 3 portions.
The Allaati maternal uncle of Father gets 2 portions.
The Allaati maternal aunt of Father gets 1 portion.

If the heirs were from class 3(c) and class 3(d), the same exact process would be applied to solve the problem. The only difference is that the heirs would now be from the mothers side instead of the fathers. But in terms of problem-solving, rule 7 is exactly the same as rule 6. We trust that you’ll be able to solve such problems on your own. We suggest that you formulate your own list of random heirs from class 3(c) and class 3(d) and try to reach a final answer. You can leave your list and final answer in the comments section and we will be happy to confirm or correct your solution.

Example 17: A man dies leaving behind

  • 2 Haqeeqi paternal aunts of Father
  • 1 Akhyaafi paternal uncle of Father
  • 2 Akhyaafi maternal uncles of Father
  • 2 Haqeeqi paternal aunts of Mother
  • 1 Haqeeqi maternal uncle of Mother
  • 1 Haqeeqi maternal aunt of Mother

As you can see, the members listed above are from both the mother and father’s side. Accordingly, rule 8 will be applied.

First lets apply the rules of exclusion and see if we can narrow down our list.

It turns out that only akhyaafi paternal uncle of father will be excluded, as he is a member 3, and is therefore below member 1s (the 2 haqeeqi paternal aunts of father). All others will inherit. Our final list of heirs is:

  • 2 Haqeeqi paternal aunts of Father [class 3(a), member 1s]
  • 2 Akhyaafi maternal uncles of Father [class 3(b), member 9s]
  • 2 Haqeeqi paternal aunts of Mother [class 3(c), member 11s]
  • 1 Haqeeqi maternal uncle of Mother [class 3(d), member 15]
  • 1 Haqeeqi maternal aunt of Mother [class 3(d), member 16]

We’ve written out the sub-class and member number alongside each heir to make things a bit easier for you.

To apply rule 8, we first divide the estate between the father’s side and mother’s side in a 2:1 ratio. After this initial division, we divide the portions given to the father’s side into half, giving one-half to class 3(a) and one-half to class 3(b). Same is done for class 3(c) and 3(d) on the mother’s side. After this, one final division will take place to assign portions to each individual heir of every sub-class.

cat 4 last example

As you can see, we start of with a base number of 3, as father’s side is worth 2 heads and mother’s side is worth 1 head.

After this division, we need to assign these portions to each sub-class. Since each sub-class is worth 1 head, we need to change the base number to allow division between class 3(c) and 3(d), because 1 portion cannot be divided among 2 heads. Our new base number comes out to 6.

Once we have our base number, we again apply the 2:1 ratio for the father’s and mother’s side. After that, we simply split those portions (given to each side) in half and give one-half to each sub-class on that side.

Now that each sub-class has assigned portions, we need to work towards assigning portions to each individual within the sub-classes. This is not a problem except for class 3(d). The uncle and aunt in class 3(d) inherit in a 2:1 ratio, thus totaling 3 heads, and 1 portion cannot be divided among 3 heads. To overcome this issue, we once again calculate a new base number, which comes out to 36.

With our new base number of 36, we once again distribute among the 2 sides, then further among the sub-classes, and finally among each individual in each sub-class.

Notice that this is the same “divide and conquer” method used in example 11. The idea with these types of long problems is to keep dividing until you get to the individual. Every time you are unable to divide the number of portions, simply calculate a new base number.

Final Answer: The estate will be divided into 36 equal portions:

Each Haqeeqi paternal aunt of Father will get 6 portions.
Each Akhyaafi maternal uncle of Father will get 6 portions.
Each Haqeeqi paternal aunt of Mother will get 3 portions.
The Haqeeqi maternal uncle of Mother will get 4 portions.
The Haqeeqi maternal aunt of Mother will get 2 portions.

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