- 21 -
Imam Nasser Mohammad Al-Yemeni
26 - 08 - 1431 AH
07 - 08 - 2010 AD
03:04 am
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..You have no authority for this. Do you say against Allah what you know not?
{ إِنْ عِنْدَكُمْ مِنْ سُلْطَانٍ بِهَذَا أَتَقُولُونَ عَلَى اللَّهِ مَا لَا تَعْلَمُونَ }..
..In the name of Allah the All Merciful, the Most Merciful, and peace be upon the sent ones, and praise be to Allah Lord of the worlds
:We copy a quote from statement of virtuous sheikh Ahmad Esa what follows will be in red color
I will give you an example: The deceased who left inheritance is a man. Net estate after payment of debt and implement his will = 100,000 dinars. The heirs are: 1- His children, five of whom have not attained the age of marriage and adulthood (3 females +2 males), and the remaining three have reached the age marriage and adulthood (2 women +1 man). 2- His parents (meaning they are alive). 3- His wife. The method of solution:
1- We calculate the share of children who have not attained the age of marriage and adulthood as follows
- Those with their males and females qualify applies on them the trait of delay (It means late have not reached the age of marriage and adulthood), and this trait expressed in the explanatory-statement (verse) 11 / Al-Nisa by saying (if they are women) the word women here means late children males and females.
We calculate their proportion to their brothers and sisters who have reached the age of marriage and adulthood , a ratio of 5 to 3 = 5/3 = 1.6666 The result is that this percentage is less than (above two) and therefore = 1 by approximation and this is what explained it the word (and if there be one)
- As long as the ratio = 1 will share those children = half of the net estate = 50,000 dinars
The distribution of their shares among among themselves under the statement (for the male is as the portion of two females) and be as follows
- Share of these children = 50000 dinars
- Share of 3 females + share of 2 males = 50000 dinars
:Since the share of the male = share of two females from the above equation we can then change the equation
the share of 3 females + share of 2 (2) = 50000 dinars
- Share of 7 female = 50000 dinars
- Share of one female = 7142.85 dinars
- Share of the male = like share of two females = 14285.7 dinars
- Share of the two males = 28571.4 dinars
Portion of three females = 7142 * 3 = 21426 dinars
We add: 28571.4 + 21426 = 50000 dinars
:We calculate the share of parents
We said that the rest of portions for the two parents, wife and adult children are calculated from the remainder of the estate (of what he left) = 50,000 dinars
In this example of ours, the share of parents as stated in the statement (and for his parents for each one of them is sixth of what he left is he has child) share of the
Share of the father = 50000 * 1/6 = 8333.33 dinars
Share of the mother = 50000 * 1/6 = 8333.33 dinars
3- share of the wife and this clarified it the statement by the word (if he has a child then for them is the eighth of what you leave)
. 50000 * 1/8 = 6250 dinars
4- share of adult children = 50000 - (share of the parents + share of the wife)
50,000 - (8333.33 8333.33 +6250) = 27083.34 dinars
We distribute on them this share under the statement (the male portion of two females) and in the same way we distributed the share of their brothers and sisters not matured (adolescents).
:If we collected the shares of these heirs will have
Share of children (the share of the latecomers of them (adolescents) + share of the adults) + share of the parents + share of the wife = (50000 + 27083.34) (+ 8333.33 + 8333.33) +6250 = 100,000 dinars
.And the result is no remainders nor reply nor relied as alleged scholars.
As you see my respected brother, the legislature is the Wise glory be to Him the Exalted Most High has covered all cases of the estate and inheritance but you have to apportion the verses in order for you to know the general equation for it.
:Some of the things that I draw attention to
1- Those who inherit must be alive otherwise their share = 0
2- Must distinguish between adult children (chaste and rational) and the (adolescent) not adult chaste and rational (and included in the group of those the disabled physically and mentally, whatever their age).
Questions I forward it to the jurists and all those who follow their deviant way, who claim that the distribution of inheritance and estates they apply it as Allah legislated:
- Does the Creator of creation and the One Who counted them and the Knower about them, and their conditions is unable to send down in His Book full of wisdom religious-law for estate and inheritance so that no remainders would be after distribution of residuals?
-How can you make equal in the distribution of the estate of a minor or a disabled and child that is adult and sane?
- From where you bought aunts and uncles from father side and mother side ... etc while you distribute the inheritance? It is mentioned in Allah’s Book?
- How do you no differentiate between the word (what left) and the word (of what left). Are both words one?! What do you understand from the following statement:
{You cannot attain to righteousness unless you spend out of what you love. And what you spend, Allah surely knows it.}
Do you understand of it that you have to spend (what you love) or some of what you love?!
:Brother the esteemed Nasser Al-Yemeni
I am after what I clarified above I have acquitted my conscience towards everyone who will read the topic of mine or everyone who will reach him this word mine, and I has demonstrated by Allah’s guidance how to apply the provisions of the inheritance and estates as prescribed Allah legislated and not as scholars legislate who have gone astray and lead others astray and wronged and hurt many of Allah’s creations with their unjust jurisprudence.
I know that many of the Bedouins who claim to be the people of understanding and jurisprudence to Allah’s law the would never understand and would never comprehend this word of mine and perhaps extend their time for decades and remain on the application of their religion unjust and Allah will not change the condition of a people until they change themselves and return to ponder over His explanatory-statements in His Book and understand its intent as He desire Who sent it down glory be to Him the Exalted Most High above what the ignorant say far high beyond measure. My greetings.)
1- We calculate the share of children who have not attained the age of marriage and adulthood as follows
- Those with their males and females qualify applies on them the trait of delay (It means late have not reached the age of marriage and adulthood), and this trait expressed in the explanatory-statement (verse) 11 / Al-Nisa by saying (if they are women) the word women here means late children males and females.
We calculate their proportion to their brothers and sisters who have reached the age of marriage and adulthood , a ratio of 5 to 3 = 5/3 = 1.6666 The result is that this percentage is less than (above two) and therefore = 1 by approximation and this is what explained it the word (and if there be one)
- As long as the ratio = 1 will share those children = half of the net estate = 50,000 dinars
The distribution of their shares among among themselves under the statement (for the male is as the portion of two females) and be as follows
- Share of these children = 50000 dinars
- Share of 3 females + share of 2 males = 50000 dinars
:Since the share of the male = share of two females from the above equation we can then change the equation
the share of 3 females + share of 2 (2) = 50000 dinars
- Share of 7 female = 50000 dinars
- Share of one female = 7142.85 dinars
- Share of the male = like share of two females = 14285.7 dinars
- Share of the two males = 28571.4 dinars
Portion of three females = 7142 * 3 = 21426 dinars
We add: 28571.4 + 21426 = 50000 dinars
:We calculate the share of parents
We said that the rest of portions for the two parents, wife and adult children are calculated from the remainder of the estate (of what he left) = 50,000 dinars
In this example of ours, the share of parents as stated in the statement (and for his parents for each one of them is sixth of what he left is he has child) share of the
Share of the father = 50000 * 1/6 = 8333.33 dinars
Share of the mother = 50000 * 1/6 = 8333.33 dinars
3- share of the wife and this clarified it the statement by the word (if he has a child then for them is the eighth of what you leave)
. 50000 * 1/8 = 6250 dinars
4- share of adult children = 50000 - (share of the parents + share of the wife)
50,000 - (8333.33 8333.33 +6250) = 27083.34 dinars
We distribute on them this share under the statement (the male portion of two females) and in the same way we distributed the share of their brothers and sisters not matured (adolescents).
:If we collected the shares of these heirs will have
Share of children (the share of the latecomers of them (adolescents) + share of the adults) + share of the parents + share of the wife = (50000 + 27083.34) (+ 8333.33 + 8333.33) +6250 = 100,000 dinars
.And the result is no remainders nor reply nor relied as alleged scholars.
As you see my respected brother, the legislature is the Wise glory be to Him the Exalted Most High has covered all cases of the estate and inheritance but you have to apportion the verses in order for you to know the general equation for it.
:Some of the things that I draw attention to
1- Those who inherit must be alive otherwise their share = 0
2- Must distinguish between adult children (chaste and rational) and the (adolescent) not adult chaste and rational (and included in the group of those the disabled physically and mentally, whatever their age).
Questions I forward it to the jurists and all those who follow their deviant way, who claim that the distribution of inheritance and estates they apply it as Allah legislated:
- Does the Creator of creation and the One Who counted them and the Knower about them, and their conditions is unable to send down in His Book full of wisdom religious-law for estate and inheritance so that no remainders would be after distribution of residuals?
-How can you make equal in the distribution of the estate of a minor or a disabled and child that is adult and sane?
- From where you bought aunts and uncles from father side and mother side ... etc while you distribute the inheritance? It is mentioned in Allah’s Book?
- How do you no differentiate between the word (what left) and the word (of what left). Are both words one?! What do you understand from the following statement:
{You cannot attain to righteousness unless you spend out of what you love. And what you spend, Allah surely knows it.}
Do you understand of it that you have to spend (what you love) or some of what you love?!
:Brother the esteemed Nasser Al-Yemeni
I am after what I clarified above I have acquitted my conscience towards everyone who will read the topic of mine or everyone who will reach him this word mine, and I has demonstrated by Allah’s guidance how to apply the provisions of the inheritance and estates as prescribed Allah legislated and not as scholars legislate who have gone astray and lead others astray and wronged and hurt many of Allah’s creations with their unjust jurisprudence.
I know that many of the Bedouins who claim to be the people of understanding and jurisprudence to Allah’s law the would never understand and would never comprehend this word of mine and perhaps extend their time for decades and remain on the application of their religion unjust and Allah will not change the condition of a people until they change themselves and return to ponder over His explanatory-statements in His Book and understand its intent as He desire Who sent it down glory be to Him the Exalted Most High above what the ignorant say far high beyond measure. My greetings.)
{إِنْ عِنْدَكُمْ مِنْ سُلْطَانٍ بِهَذَا أَتَقُولُونَ عَلَى اللَّهِ مَا لَا تَعْلَمُونَ (68) قُلْ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ لَا يُفْلِحُونَ (69)} صدق الله العظيم [يونس].
Nasser Mohammad Al-Yemeni is still with wide chest for the dialogue with you and did not constrict a thing, to the fact I did not yet complete the explanatory-statement of the appointed inheritance knowledge. O my honorable brother sheikh Ahmad Esa may Allah guide you aright, verily explanation of the Quran if it was not the Truth from Allah, surely in this a grievous danger on changing Allah’s religion and the just legislation of it , that’s because explanation of the Quran is the content and the intended in Allah’s Self in His word and for that it should not be for you to say against Allah what you do not know from Allah, but you spoke truthfully in one thing which is your word:
(And with your answer for that, we will continue the dialogue or we assert it in this subject because of the wide difference in the method of deducing)
(As I said there is a common equation for the distribution of inheritance that covers all possibilities and you have to deduce it from Allah’s Book otherwise what you offer it of dividing for the inheritance is incorrect)
The question that arise: By any chance — O virtuous sheikh, have you brought to us the clear proof for the scholar of the nation and the ignorant for everyone with clear Arab speaking tongue so you deduced it for us from the decisive grand Quran? If not, surely your argument falls against you exactly with your word:
(and you have to deduce it from Allah’s Book otherwise what you offer it of dividing for the inheritance is incorrect)
(and you have to deduce it from Allah’s Book otherwise what you offer it of dividing for the inheritance is incorrect)
The deceased who left inheritance is a man. Net estate after payment of debt and implement his will = 100,000 dinars. The heirs are: 1- His children, five of whom have not attained the age of marriage and adulthood (3 females +2 males), and the remaining three have reached the age marriage and adulthood (2 women +1 man). 2- His parents (meaning they are alive). 3- His wife.
1- His wife’s share: {.but if you have a child, their share is the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt.}Truthful Allah the Great [Al-Nesã`a] 4:12
2- His two parents: {..And as for his parents, for each of them is the sixth of what he leaves, if he has a child;.}Truthful Allah the Great [Al-Nesã`a] 4:11
{فَاِن كانَ لَكُم وَلَد فَلَهُنَّ الثَمُن مِمّا تَرَكتُم مِن بَعدِ وَصِيَّةٍ تُوصُونَ بِها اَو دَينٍ} صدق الله العظيم [النساء:12].
{وَلِأَبَوَيْهِ لِكُلِّ واحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كانَ لَهُ وَلَدٌ} صدق الله العظيم [النساء:11].
That’s because I find in Allah’s decisive Book that when Allah mentions to us the inheritance of the secondary before the primary surely this means that we take out the share of the secondary ones then we give what is left for the prime heirs and they are the children while for the male is as the portion of the two females. As for when Allah begins by mentioning the inheritance of original-prime before the secondary then this means in some positions that there is for the brothers a share of the inheritance with the presence of the son in case of non presence of the wife and children less than two, or did not ponder over the word of Allah the Most High: {For men is a share of what the parents and the near relatives leave, and for women a share of what the parents and the near relatives leave, whether it be little or much — an appointed share.}Truthful Allah the Great [Al-Nesã`a] 4:7. Verily ponder over the word of Allah the Most High: {of what the parents leave,}Truthful Allah the Great, and it clear to you that (Allah) means the children of the parents and the brothers of the parents while they are the close-relatives and you did not find (mention) of the wife, then we knew that for the brothers share in the inheritance at the absence of the wife, then we deduced it from Allah’s decisive Book that it is the sixth. Confirming with the word of Allah the Most High: {..and if there be one, for her is the half. And as for his parents, for each of them is the sixth of what he leaves, if he has a child;.}Truthful Allah the Great [Al-Nesã`a] 4:11
{لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا} صدق الله العظيم [النساء:7].
{مِّمَّا تَرَكَ الْوَالِدَانِ} صدق الله العظيم
{ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النّصف وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ } صدق الله العظيم [النساء:11].
While you know that there is still a sixth remaining with us, so is for whom I wonder? So if you said for the wife then we reply to you with Truth that I find in Allah’s Book that her share is the eighth in case of presence of a child. Confirming with the word of Allah the Most High: {.but if you have a child, their share is the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt.}Truthful Allah the Great [Al-Nesã`a] 4:12. Consequently, the remaining sixth is not the share of the wife to the fact she is not present then it became the share of the brothers. Confirming with the word of Allah the Most High: {For men is a share of what the parents and the near relatives leave, and for women a share of what the parents and the near relatives leave, whether it be little or much — an appointed share.}Truthful Allah the Great [Al-Nesã`a] 4:7. I did not rule that out of myself; in fact with the clear proof from Allah’s decisive Book the grand Quran.
{فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ} صدق الله العظيم [النساء:12].
{لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا} صدق الله العظيم [النساء:7].
But if the wife is present and the children, then the brothers are barred from the inheritance, and you find that Allah began taking out the share of the secondary heirs before the share of the original-primary ones as like the word of Allah the Most High: {..but if you have a child, their share is the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt.}Truthful Allah the Great [Al-Nesã`a] 4:12. But when the wife dies and she has no children then I find in Allah’s Book that for her siblings a sixth and for her father a sixth and for her mother a sixth and for her husband a half. Confirming with the word of Allah the Most High: {..And as for his parents, for each of them is the sixth of what he leaves, if he has a child;.}Truthful Allah the Great [Al-Nesã`a] 4:12
{فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ} صدق الله العظيم [النساء:12].
{وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ} صدق الله العظيم [النساء:12].
:And remained a half of the inheritance and the half consists of three sixths
1- Sixth of the mother
2- Sixth of the father
3- Sixth of the brethren
And the inheritance is completed without excess nor shortness. But if her children are present then the matter differs altogether, it will be as follows:
1- As for the share of her husband verily the Most High said: {..but if they have a child, your share is a fourth of what they leave after (payment of) any bequest they may have bequeathed or a debt.}Truthful Allah the Great [Al-Nesã`a] 4:12
2- Her children, for them is the half
3- Her father, for him is the eighth
4- Her mother, for her is the eighth
And the inheritance is completed without excess nor shortness.
{فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمْ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ} صدق الله العظيم.
As for if the husband is he who deceased, and he has no child and he has a wife and two parents, and brethren, then here would be equal between them altogether.
As for the wife. Allah the Most High said: {and theirs is the fourth of what you leave if you have no child, but if you have a child}Truthful Allah the Great[Al-Nesã`a] 4:12
2- His father, for him is a fourth
3- His mother, for her is a fourth
4- His brethren, for them is a fourth
{وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ} صدق الله العظيم.
So we can not increase to his wife more than the fourth to the fact it is decisive share in Allah’s Book at the lack of presence of a child, and remained three fourths, so we can never make fore his two parents a sixth, and only that is with the presence of a child or presence of spouse and absence of children.
Perhaps, one of the honored supporters would like to interrupt the Imam Mahdi with intense shyness then say: “O my Imam, will you make me understand what do you mean by your word:
(And only that is with the presence of a child or presence of spouse and absence of children)?”.
{فَإِنْ لَمْ يَكُنْ لَهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلأمّه الثُّلُثُ فَإِنْ كَانَ لَهُ إِخْوَةٌ فَلأمّه السُّدُسُ مِنْ بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ} صدق الله العظيم.
:Summary of the dialogue between the Imam Mahdi Nasser Mohammad Al-Yemeni and virtuous sheikh Ahmad Esa Ebraheem is as follows
1- Indeed, the Imam Nasser Mohammad Al-Yemeni has proved with the clear proof that there no share for the brothers with the presence of a child unless in one case and it is that the son is one or a one daughter while the wife is absent, so here I find a sixth for the brethren. As for other than that the legitimate heirs are the two parents, the wife and the children, then the share of the secondary would be taken out before the primary, and what remained of the inheritance is for the original-prime heirs and they are the children, for that you find that Allah began by taking out the inheritance of the secondary heirs before the prime ones in many of the cases, that so to make the matter easy for you, that’s in order for you to take out the share of the secondary heirs according to Allah’s judgement in His decisive Book then you give the remainder of the inheritance to the children of the deceased. With this I do not think there is a dispute between the eminent scholars, and only Nasser Mohammad Al-Yemeni dispute with them in what was false with which Allah did not send down of an authority, as like their word that two thirds is for the father with prejudice! So who would shield you from Allah, surely they are not fairer than Allah to the fact Allah equalized in the inheritance (for) the secondary heirs when the absence of the prime heirs except the brethren from the mother. For example, you find that Allah equalized between the secondary heirs at the absence of a child so He made for the wife a fourth, and for the father a fourth, and for the mother a fourth, and for the brothers a fourth. And whoever will argue with me I surely will say to him what is your thinking about a woman died and she has no children nor husband and she has a father, mother, and brethren, so how much is the husband’s share? Then definitely his answer would be: Allah the Most High said: {And yours is half of what your wives leave if they have no child}Truthful Allah the Great [Al-Nesã`a] 4:12. Therefore how much remained? And definitely he would say: Remained three sixths. Then we say to him: Can you deprive her brethren? Most certainly you give them the sixth, and to her father a sixth, and to her mother a sixth. But unfortunately, you do not discern when the inheritance for the secondary ones is equalised. And it is not the inheritance of the wife from the estate of her husband as like the inheritance of the husband from the estate of his wife, that’s because for the wife is the fourth at the absence of the child, as for the husband a half of the estate of his wife, and for that the share for the wife’s two parents differed and there is nothing for them except the sixth in spite of lack presence of her children,and the reason because the husband gone with the half alone by himself and for that did not remain except a third for her two parents; for each one of them is a sixth, as for her brethren theirs is the sixth.
{وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ} صدق الله العظيم [النساء:12].
:O Ahmad Esa Ebraheem, so much you wronged Nasser Mohammad Al-Yemeni with your word in what follows
(You by your dividing for the estate and inheritance you suppose special cases of the inheritance and you do not tie between the verses in which came laws of inheritance distribution, and here the problem hides, so the required from you is to be alert for the common comprehensive equation by which should be the distribution of the estate, and this you could never be able of knowing it if you remained on this method of yours in dividing the estate as a special cases you suppose the a presence of specific heirs)
Verily, let the dialogue continue so we would increase to you full-explanation, and what I want to issue fatwa therein with Truth this explanatory-statement of mine is that the house of the deceased does not enter in the division of the inheritance at all when there is presence of children, it is then some of the heirs would force the children of the deceased to sell their house so they give them their share of the inheritance in the house then the children of the deceased would become without a shelter and this does not please Allah, for that Allah did not give permission with it, and I am indeed capable to prove that from the decisive Reminder with the permission of the Knower, the Well Aware.
..And peace be upon the sent ones, and praise be to Allah Lord of the worlds
.Your brother the Imam Nasser Mohammad Al-Yemeni
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