Inheritance shares

Who inherits and what quantity? In Islam there is a hierarchical concept of Inheritance and from it there are limits to whom can inherent and how much they will receive. One prerequisite is that you must have connection to the someone who has died and the closer the connection the higher in the hierarchy. If no one is in your family to inherit it goes to the Islamic caliphate government but its an unlikely scenario as almost all people have someone in their line of succession but for those who do not it will be merged into the bayt al mal (Islamic treasury) and Inshallah it will improve the live of Muslims from the wealth you left behind.

What is the male inheritance hierarchy?

There are 10 males who inherit from from but we will only include 6

1. Your son and sons son
2. The father and grand father
3. Brother, this can be full or half brother
4. Son of the brother (nephew)
5. Paternal Uncle (full or half brother of your father) and son
6. Her Husband or someone who has set free a slave

The 6 Female inheritors are as follows

1. Daughter or daughter of your son (the nasab goes through the male, the daughter of your daughter does not get the inheritance)
2. The mother and grandmother
3. Your sister full or half
4. Your wife
5. A woman who freed a slave
6. The mothers father

Inheritance is from the Human fitra

The inheritance indicates the human fitra that men are inclined and obliged to take care of the women therefore the nasab goes through the male line, unlike the liberal secular west who are obsessed with making all things equal despite if its just or not

The Shares are 6

1. Half of what a person leaves behind, It will be split between 5 people the daughter the sons daughter if no daughter, a sister half or full sister your wife and a husband if there are no children
2. A quarter goes to the husband if there are children, if there was no children then he would inherit half plus his quarter, a wife or multiple wives will get the quarter if there is no children and this is a reason why women dislike polygamy as their time is divided as well as their inheritance
3. One eight is the share of the wives if there is a child
4. 2 thirds if you have 2 wives who would have gotten half together they get 2 thirds
5. A third goes to a mother in the absence of children and can also go to the children of that mother in the case of no children
6. A sixth is for the following 7 people

The following people receive a 6th in inheritance

1. Father
2. Mother
3. Grandmother
4. One or more sons daughters if one daughter exist
5. More of the sisters
6. One bother or sister alone
7. The Paternal Grandfather

Expounding upon who inherits what

If you have one male inheritor then he gets what all of the males would inherit. If you had 2 brothers they would inherit equally and if you had multiple siblings of different genders then you arrange it so that the men have twice as much as the women as the burden of provision are upon men and not the women. The share of a man is not always double that of a woman but males and females of equal proximity genetically the men would get double that of the women. All males Imams maliks position was that you needed a intervening male relative for anyone more than one generation away.

Whom is excluded?

1st people can be excluded from inheritance by someone who is closer in relation, a sons son is blocked from inheriting by the current son. The grandfather is blocked by your father in regards to inheritance. Your brothers block the inheritance of their own children etc. He who frees a slave is at the bottom of the list and a slave cannot inherit.

The 2^nd kind of exclusion (hajb bin naksan)

Who gets their shares reduced?

Some are not fully blocked but their shares are reduced and they get demoted. A wife with no children gets pushed down from a 3rd to a 6th a husband goes down from half to a _ and so on half siblings get pushed down from a 3^rd due to existence of a full sibling.

• 2^nd type is going from being a tasib to a fardh, your older male relative father and grandfathers if you have a son
• 3^rd what happens to women is if you have sisters full or half everyone gets a smaller share if you have closer relatives.

There are many rhymes in the commentary to help you remember  as most people do not understand inheritance shares, amir kabari, say whoever has mastered the knowledge of the inheritance shares, does a woman have a 4^th quarter or

Things that prevent you from inheriting all together (a person who would have normally gotten but now cannot)

There is no inheritance between religions he cannot inherit from kuffaar nor can they take from the Muslims. The usl is that there is no inheritance to and from different religious and this ruling prevents faithless Muslims from apostatizing as if they openly apostates one they would be executed but if they would stay alive would not receive even a dime. For them to fear apostatizing in fear of losing inheritance which could be their cause of salvation. Why did he mention Jews and Christians and said kuffaar for Muslims.

The Ulema debated if Jews and Christians can inherit from each other

The uelma would debate if the Jews and Christians and if they all kuffaar constitute separate religious nations. In the past the Muslims would give fatwa to kuffaar despite there being more non Muslims than Muslims because the Muslims had the power and upper hand in life. The author lived in the mamluk sultanate and they would go to Muslim court and a man would switch his region and want a inheritance court and the Muslims would be more fair in this regards. Christians do not have religious law beyond the Christian canon law of eastern orthodoxy whereas Muslims and Jews have religious laws. Jews and Christ are separate nations and cannot inherit this is the view of imam malik and the school of Medina. Being a slave prevents inheritance, a slave cannot inherit anything he leaves behind goes to his master.

Murder prevents you from inheriting this also includes manslaughter

• The 3rd is Murder, If you kill someone you cannot inherit from them if they are related from you but if you kill a non family member there is inheritance. It is more strict Even if you commit manslaughter or fight them and kill them in war but you cannot inherit from them. In self defense you kill a family member you cannot inherit from your family member even if he is the fault. If you had killed all the co inheritors you would then inherit it all but surely you would be judged on the day of judgment.

If you formally repudiate your nasab, you remove yourself from your blood ties (to curse upon it)

When there is uncertainly as to who dies first in a event, If a building collapses upon a Muslim or if a flood strikes and kills many people in that circumstance its impossible to know who died first then in that situation they do not inherit. To avoid fighting over inheritance is cut off (if two brothers die in inheritance then its canceled as we don’t know who died) This is especially relevant in the 21 century as Muslims from around the world have died as results of mass casualty events