Lesson 4

• Out of 12 fixed heirs husband, wife, father, mother and grand mother are easy.
• Uterine brother and sisters are also easy to learn.
• Daughter’s share is simple.
• The only difficult part is son’s daughter, sisters full and consanguineous and grand father -4 only
• So learn these 4 carefully you have learnt the inheritance.
• Asaba heirs are easy to learn

• In this lesson we learn shares of 4 heirs.
• For each heir there is one chart which gives the shares. Learn that chart thoroughly. It is mentioned under each chart.

Very important to know

• All Relations mentioned in inheritance are to the person died
• Person died can be male or female
• Father means father of the person died, son means son of the person died
• If a heir is not alive then he does not inherit.
  E.g. A has died leaving 2 sons and 2 daughters. But A had one more son who had died before A’s death. Here the dead son does not inherit.
• If more than one person is there under one heir name then they share equally between them.
  E.g.: D share is 2/3 for 3 D’s means they 3 Daughters share 2/3 among them. Similarly W share ¼ and if more than one W then they share this 1/4.
• Sons share balance means all living sons share the balance equally among them.
• If males and females of the same class and degree then males: female ratio is 2:1 with exception of Bu & Su

Fixed Share Heirs

• 12 in Number
• 4 males & 8 females
• 5 are primary heirs(always inherit Never excluded)
• rest 7 secondary heirs.
• 4 heir’s share is dependent on agnatic descendents
• 8 fixed share heirs (M, TGM, D,SD,Sf,Sc,Su,Bu,) take the balance as Radd (=return, see the chapter on Radd) if they are alone in the absence of other heirs

Husband(H) & Wife(W)

It should be remembered that both cannot inherit at the same time.

One person has died. If Husband has died Wife inherits and if Wife died Husband inherits.

AD = Agnatic Descendant = children, son’s children, son’s son’s children
e.g. S, D, SS, SD, SSS, SSD

When any person dies the share of the Husband / wife of the person died depends on the presence of agnatic descendants of the person died.

Rule Of ½

• Husband Gets 1/2 if AD absent
• Husband gets 1/2 of 1/2 =1/4 if AD present
• Wife gets 1/2of above

H & W - Sum up

H & W : Special remarks

If there are more than one wives then they divide their fraction equally among them.

If the marriage is not valid one then H and W rule does not apply.

Father (F)

Father's Share

Mother (M)

Mother's Share

1. Maximum 1/3
2. Minimum 1/6
3. As special case 1/3 of balance

Mother is never excluded but on four occasions mother’s share is reduced:

1. Presence of children of the deceased
2. Presence of Agnatic descendant
3. Presence of 2 or more B or S
4. Presence of father and spouse with mother

F, M, Spouse : Special Case

If mother is given 1/3 of total as agreed by some then the father’s share may become less than the mother’s share which is against the Quran. This special case of mother has not been told in the Quran. Most Sahabees based on research devised a rule and is accepted by all.

The rule is in such a case is mother will get 1/3 of balance after spouses share is given.

These two special cases (H,F,M or W,F,M) are called as Al Gharrawani or the Two Deceivers or Umariyyatain or the Two of Ummer.

Two deceivers because they deceived the mother’s share by reducing it. Ummer bin Khattab (R.A) 2nd Khalleef of islam gave the verdict. Most of the Sahaabees endorsed it except Abdulla Ibn Abbas (R.A) and Ali (R.A.)

Summary: F/FF, M, H, W

Share fraction of F/FF, M, H, W in various situations can be summarised as: