`asbah

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

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Inheritance of Children and Grandchildren

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1) Son(s)

  1. The son is an `asbah, and hence will automatically inherit the entire estate if inheriting alone. Multiple sons will share in the estate equally if there are no other heirs.
  2. He gets residue when inheriting with other heirs. Multiple sons share the residue equally.

2) Daughter(s)

  1. If there is one daughter, her share is 1/2.
  2. If there are two or more daughters, they share 2/3 equally.
  3. When she is the only heir, she inherits the whole estate. Multiple daughters share the estate equally if there are no other heirs.

3) Son(s) and Daughter(s) Inheriting Together

  1. If son(s) and daughter(s) are inheriting together, they both become `asabaat (see the post How Some Zaawil Furoodh Relatives Become `Asabaat) and share the residue, with each son getting twice as much as each daughter. In other words, they share the residue in a 2:1 ratio.
  2. If only son(s) and daughter(s) are inheriting, with no other heirs, they share the entire estate in a 2:1 ratio.

Note: The 2:1 distribution rule will be explained fully in a later post, insha’Allah.

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