Lesson 11
Asaba (Balance heirs)
Also called Balance share heirs
Quranic verses show the sharing between Male & Female S & D, Br & Sr.
Double share to male as the general rule.
Shows the greater financial burden on male members, Agnates, assigned by the Creator Himself.
Prophet’s Hadeeth:
- Ibn Abbas : Prophet said; Give the faraid to those who is entitled to receive it and the remaining should be given to the closest male relative of the deceased.
- Imran b.Hussain; A man came to the prophet & said my son’s son has died, what do I get. Prophet said you get 1/6. When he turned away he called him and said you get another sixth. When he turned away he called him again and said the other sixth is an allowance.
Based on Quran and sunnah of Prophet it is clear that the nearest male relative will take the residue
Classification of Asaba
| Group 1 | All male Agnates. In their own right |
S, SS, SSS, F, FF, Bf, Bc, BfS, BcS, Puf, Puc, PUfS, PUcS …. |
|---|---|---|
| Group 2 | 4 Female Agnates. In the presence of others. When they coexist with other M counterparts |
D, SD, Sf, Sc S, SS, Bf, Bc |
| Group 3 | 2 female Agnates With others |
Sf, Sc with D /SD |
Group 1 in order
| 1. | Descendants | S, SS, SSS… |
|---|---|---|
| 2. | Ascendants | F, FF, FFF… |
| 3. | Collaterals a) descendants of F b) descendants of FF c) descendants of FFF |
Bf Bc BfS BcS BfSS BcSS BfSSS BcSSS….. PUf PUc PUfS PUcS PUfSS PUcSS PUfSSS PUcSSS… FPUf FPUc FPUfS FPUcS FPUfSS FPUcSS FPUfSSS FPUcSSS… |
Principle of distribution
Agnatic Heirs will inherit:
- If there are no Quranic heirs.
- If there are Quranic heirs, after assigning shares to them.
- Nearest will take the entire residue.
Asaba - priority
| 1. ORDER | 2. DEGREE | 3. STRENGTH OF BLOOD TIE | |
|---|---|---|---|
| Descendants | S | SS | - |
| Ascendants | F | FF | - |
| Collaterals | Bf, Bc | BfS, BcS |
Bf Bc |
How Asaba heirs are arranged?
The order of balance heirs is such that whoever is first in the list will inherit the balance. If first one is not there second in the list will inherit.
In the list above if S is alive all others will be excluded for balance heir. If S is not alive SS will take the balance and likewise next in the list.
| Order of balance heirs | |
|---|---|
| S | If S is alive He will take the balance |
| SS | If S is not alive SS will be balance heir |
| SSS | No S, SS then SSS is balance heir |
| F | No S, SS, SSS then F is balance heir |
| TGF | No S, SS, SSS, F then TGF is balance heir |
| Bf | No S, SS, SSS, F, TGF then Bf is balance heir |
| Sf | No S, SS, SSS, F, TGF, Bf but D/SD/SSD alive Then Sf is the balance heir |
| Bc | No S, SS, SSS, F, TGF, Bf, (Sf+D/SD) Then Bc is the balance heir |
| Sc(in the presence of D/SD) | No S, SS, SSS, F, TGF, Bf, Sf, Bc but D/SD alive Then Sc is the balance heir |
| BfS | No S, SS, SSS, F, TGF, Bf, (Sf+D/SD), Bc, (Sc+D/SD) Then BfS is the balance heir |
| BcS | No S, SS, SSS, F, TGF, Bf, (Sf+D/SD), Bc, (Sc+D/SD), BfS Then BcS is the balance heir |
| BfSS | No S, SS, SSS, F, TGF, Bf, (Sf+D/SD), Bc, (Sc+D/SD), BfS, BcS Then BfSS is the balance heir |
| BcSS… | No S, SS, SSS, F, TGF, Bf, (Sf+D/SD), Bc, (Sc+D/SD), BfS, BcS, BfSS Then BcSS is the balance heir |
| BfSSS | |
| BcSSS…. | List can continue.. |
| Puf | |
| Puc | |
| PufS | |
| PucS | |
| PufSS | |
| PucSS… | |
| FPuf | |
| FPuc | |
| FPufS | |
| FPucS | |
| FPufSS | |
| FPucSS… | |
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