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Kitabul Faraid [Inheritance] - Sundry regulations

1. A mother receives a third of what remains in two cases: Firstly, when a woman dies and leaves her parenst and husband. The husband takes half and the remainder is shared in thirds amongst the parents, a third for the mother and two-thirds for the father. Secondly, a man dies and leaves a wife and his parents. The wife gets a quarter and the remainder is for the parents in thirds, one third for the mother and two-thirds for the father.
2. A man dies and leaves two sons of his paternal uncles and his brother on their mother's side. The brother gets a sixth and the remainder is divided between the two equally.
3. A woman dies and leaves a husband and mother or grandmother and brothers from the mother's side and a full brother. The husband gets half, the mother a sixth, the half brothers a third and nothing for the full brother.
4. A group drowns or a wall falls on them. It is not known who died first. The estate of each of them is for the surviving heirs.
5. If a Fire- worshipper has a double relation in two persons. The one inherits with the other and he inherits from both.*
6. A Fire-Worshipper does not inherit from invalid marriages which their religion permits.
7. 'Asabat of an illegitimate child or a child of Mula?anah are the Mawla of their mothers.
8. According to Imaam Abu Hanifah RAH. if a man dies and leaves a foetus heir, the estate is suspended until the woman gives birth.
9. According to Imaam Abu Hanifah RAH. a grandfather is more entitled to inheritance than brothers. According to Imaam Abu Yusuf RAH. and lmaam Muhammed RAH. he will be treated as one of the brothers unless his share thereby falls to less than a third.
10. If there are several grandmothers then the sixth is for the closest ofn them.
11. A grandfather deprives his mother. A mother?s father?s mother does not inherit a share. Every grandmother disinherits her mother.
12. A freed-slave leaves behind his Mawla's father and son. According to Imaam Abu Hanifah RAH. and Imaam Muhammed RAH. his wealth goes to the son. According to Imaam Abu Yusuf RAH. the father gets a sixth and the rest is for the son.
13. If he leaves his Mawla's grandfather and brother then according to Imaam Abu Hanifah RAH. the wealth is for the grandfather. According to lmaam Abu Yusuf RAH. and Imaam Muhammed RAH. it is between them.
14. Walaul 'Itaqah cannot be sold or gifted.

* E.g. he marries his daughter and she gives birth to two girls. He dies, then one of the girls dies. She thus leaves behind her mother who is also her sister from her father's side and she leaves her full sister. The mother gets a sixth by virtue of being her mother; the full sister gets half; and the mother get another sixth by virtue of being a sister on the father's side.

~ al-Quduri ~