Lesson 6
Sister Class & Share Calculation: Sf
This lesson is difficult to understand
But go through this class again and again till you master it.
Collaterals : Sf, Sc, Su, Bu
- 3sisters and 1 brother are included under fixed heirs
- These are secondary heirs
- Excluded by S, SS, SSS, F
- Full Brother exclude consanguineous Brother & Sister
- Uterine Br & Sr are not affected by full or consang. Br & Sr
Definition
- Sf = Sister full, sister from same father & mother
- Sc = Sister consanguineous or paternal half sister same father but different mothers
- Su = Sister uterine or maternal half sister, sister from same mother but fathers are different
- Bu = Brother uterine, same as sister uterine
Sister Class
Surah a’nisa verse 176 is the basis as told by prophet (sas) and quoted by Aboobacker
Jabir was asking about the sisters share and the present verse was revealed
Sisters class is almost similar to daughters class
Sf is like D, Sc is like SD
Sisters Class- General Rule
- S,SS, SSS, F exclude them
- In the presence of equal male counterparts they become residuaries. E.g.. Bf & Sf and Bc & Sc. With double share to male.
- If single she gets ½
- If 2or more than 2 they get 2/3 equally divided
- If Sf +Sc ,then Sf will get ½ and balance of 2/3 i.e. 1/6 goes to Sc
- If Sf are more than 2 then Sc gets excluded.
- In association with D or SD they become residuaries.
Once Abu Moosa al ashaari was approached for share of D, SD, Sf
He told D will get 1/2 and Sf will get 1/2.
Then when Ibn Masoud was approached he said it is against prophets verdict which says. D will get 1/2 SD =1/6 and Sf =balance=1/3
Sister full (Sf)
Sf Shares
| 1 | Presence of S, SS.. F | Nil |
|---|---|---|
| 2 | With TGF | Hanafi- Nil Other-Diff schemes. |
| 3 | No S, SS… F, TGF With Bf |
Balance with Bf 1:2 |
| 4 | No S, SS.. F, Bf, TGF With D /SD |
Balance alone |
| 5 | Single No S, SS…,F, TGF , Bf, D/SD |
1/2 |
| 6 | 2 or more No S, SS.. F, TGF, Bf, D/SD |
2/3 |
Sf as a balance heir
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, and so on.
In the list below 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 | ||
|---|---|---|
| Descendants | 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 | |
| Ascendants | F | No S, SS, SSS then F is balance heir |
| TGF | No S, SS, SSS, F then TGF is balance heir | |
| Collaterals | 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 |
|
How balance heirs affect share of Sf
| Balance heirs | Sf Share | |
|---|---|---|
| S | If S is alive He will take the balance | Nil |
| SS | If S is not alive SS will be balance heir | Nil |
| SSS | No S, SS then SSS is balance heir | Nil |
| F | No S, SS, SSS then F is balance heir | Nil |
| TGF | No S, SS, SSS, F then TGF is balance heir | Two opinions 1. Nil 2. Balance with TGF |
| Bf | No S, SS, SSS, F, TGF then Bf is balance heir | Balance with Bf |
| Sf | No S, SS, SSS, F, TGF, Bf but D/SD/SSD alive Then Sf is the balance heir |
Balance alone |
| Single Sf | None from above alive | 1/2 |
| 2 or more Sf | " | 2/3 |
Sf - Sum Up
| Pr./Sec | Primary Heir |
|---|---|
| Excluded by | F, TGF ?, S, SS, SSS |
| They exclude | More than 2 exclude Sc With D/SD Exclude Sc & Bc(As residuary) |
| Share fraction | As above |
| Effect on others | Reduces share of mother |
| Effect of others | D &SD covert her into Residuary Bf converts her into Residuary |
| Effect of Awl | Share reduces |
| Effect of Radd | Eligible |
| Special occasion | With TGF |