Lesson 8
Calculation of shares: BU, SU, TGM
Uterine Brother & Sister (Bu & Su)
- Uterine =same mother and different F
- Also called Maternal half brother and sister.
- Cognatic.
- Secondary heirs.
- Excluded by: S, SS…, F , D, SD, TGF.
- Bf, Sf donot exclude them.
- 2 or more Bu and/or Su reduce share of M
- Sura Nisaa Ayat 12 is the basis
وَإِن كَانَ رَجُلٌ يُورَثُ كَلاَلَةً أَو امْرَأَةٌ وَلَهُ أَخٌ أَوْ أُخْتٌ فَلِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ فَإِن كَانُوَاْ أَكْثَرَ مِن ذَلِكَ فَهُمْ شُرَكَاء فِي الثُّلُثِ مِن بَعْدِ وَصِيَّةٍ يُوصَى بِهَا أَوْ دَيْنٍ غَيْرَ مُضَآرٍّ وَصِيَّةً مِّنَ اللّهِ وَاللّهُ عَلِيمٌ حَلِيمٌ
If a man or a woman die in a state of Kalalath( with no ascendants or descendants) and he/she has a brother or sister then each one of them will get one sixth, but if more than two they share one third, after payment of debts and legacies, without any harm to anyone. Thus it is ordained by Allah, Allah is All Knowing, Most forbearing
Surah Al Nisa' 4:12
| Condition | Bu/Su Share | |
|---|---|---|
| Single Bu/Su | No S, SS, D, SD, F, TGF | 1/6 |
| More than 1 Bu and/or Su | No S,SS, D, SD, F, TGF | 1/3 Equally divided |
| Any number | Presence of S, SS, D, SD, F, TGF | Nil |
Different shares for the sister class in the presence of different balance heirs can be summarised as follows:
| Balance Heir | Share of Sf | Share of Sc | Share of Su/Bu/both |
|---|---|---|---|
| S | 0 | 0 | 0 |
| SS | 0 | 0 | 0 |
| F | 0 | 0 | 0 |
| TGF | 0/b | 0/b | 0 |
| Bf | b | 0 | 0 - 1/6 - 1/3 |
| Sf + D/SD | b | 0 | 0 |
| Bc | 1/2 - 2/3 | b | 0 - 1/6 - 1/3 |
| Sc + D/SD | #(Not alive) | b | 0 |
| other | 1/2 - 2/3 | 1/6 - 0 - 1/2 - 2/3 | 0 - 1/6 - 1/3 |
Bu & Su - Sum up
| Pr./Sec | Secondary Heir |
|---|---|
| Excluded by | S, SS, SSS, F, TGF, D, SD |
| They exclude | None |
| Share fraction | As above |
| Effect on others | Reduces share of mother |
| Effect of others | No effect |
| Effect of Awl | Share reduces |
| Effect of Radd | Eligible |
| Special occasion | Bf & Sf do not exclude them Bu & Su take equal shares |
True Grand Mother
- Only True grand mothers are eligible.
- True Grand mother = No untrue grand father in the lineage
- True Grand father (TGF) is Grand Father with no female in between the person died and the grandfather. E.g.. Father’s father (FF), or his father (FFF)…
- Untrue Grand Father is a grand father with a female between the person died and the grand father. e.g. Mother’s father (MF), his father (MFF) or father’s mother’s father (FMF)
- True GM : MM, FM, MMM, FFM, FMM,
- Untrue GM : MFM, FMFM.
Confirmed by Prophet (s.a) practice.
Khubaisath bn duaib narrates
Aboobacker (R.) made this practice into effect after GM approached him regarding her share , after confirming the prophet’s practice as told by Mugeerat b Shuaib and confirmed by Muhammadubn Maslamathal ansari.
(Reported by 5)
TGM Share
| Single | 1/6 |
|---|---|
| More than 1 | 1/6 equally divided |
No share for TGM:
- M will prevent FM and MM share. That is if mother is there TGM will not get any share
- If F is there FM will not get share
- Near GM will exclude distant GM
TGM - Difference of opinion:
| Hanafi | Shafi | Maliki | Hanbali | ||
|---|---|---|---|---|---|
| All TGM inherit | Yes | Yes | No | No | |
| M Excludes all TGM | Yes | Yes | Yes | Yes | |
| F excludes all paternal GM | Yes | Yes | Yes | No | Because F does not exclude Maternal GM |
| Nearer Maternal GM excludes all remote GM | Yes | Yes | Yes | Yes | |
| Nearer Paternal GM excludes all remote GM | Yes | Paternal only | Paternal only | Yes | Because F does not exclude Maternal GM |
| UTGM as Distant Kindred | Yes | Yes | No | Yes |
TGM - Sum up
| Pr./Sec | Secondary Heir |
|---|---|
| Excluded by | M, F |
| They exclude | Higher GM |
| Share fraction | As above |
| Effect on others | Nil |
| Effect of others | Excluded by.. |
| Effect of Awl | Share reduces |
| Effect of Radd | Eligible |
| Remarks | Only TGM eligible |
| Special occasion | - |