الموضوع: Issues about inheritance

21


- 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.)
Then the Imam Nasser Mohammad Al-Yemeni replies to you and I say: Allah the Most High said: {..You have no authority for this. Do you say against Allah what you do not know??(68) Say: Those who forge a lie against Allah will not succeed.(69)}Truthful Allah the Great [Younus] 10:68-69. O virtuous respected sheikh Ahmad Esa Ebraheem, I know that you do not mean to lie against you Lord, but Allah forbade for you to say against Allah what you do not know that it is from the Knower, the Wise. you have shown to us your equations then we pondered over it for we may find a clear proof for it from Allah the All Mighty, the Wise, from the grand Quran so we do not wrong you if you speak with Truth, but unfortunately your likeness is as like other than you who say against Allah what they do not know, so do not describe them with injustice; in fact you are more unjust than them, and may Allah forgive you and guide you to a straight path, you have divided the inheritance between the heirs from yourself with what Allah did not send of authority despite of your challenge as if it is similar with the challenge of Imam Nasser Mohammad Al-Yemeni, to the fact you call to resort for judgement to the Quran, but there is complete-difference between the two for the fact Nasser Mohammad Al-Yemeni ratifies the challenge actually with authority of convincing knowledge from Allah’s decisive Book the grand Quran, as for you surely you did not bring to us with authority of convincing knowledge from Allah’s decisive Book the grand Quran; in fact you brought verses then you explain it according to your desire so it would concur with your equations for dividing the inheritance, but when you go back to the explanatory-statement the Imam Nasser Mohammad Al-Yemeni you can no and would never find his explanation for the quran as like your explanation; in fact a huge difference between the explanatory-statement the Imam Nasser Mohammad Al-Yemeni and your explanation for the Quran, so the difference between them is as the difference between the Truth and falsehood, so do not get upset from the Truth my honorable brother.
{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)
I say you spoke the truth, surely the difference between me and you is very vast to the fact you bring the verses then you deduce the explanatory-statement from your head of yourself this is your method, as for the explanatory-statement of Nasser Mohammad Al-Yemeni he brings to you the explanatory-statement from the Quran itself, in a sense that the explanatory-statement of Nasser Mohammad Al-Yemeni is not mere explanation; in fact it is a clear Quran comprehends it everyone with clear Arabic speaking tongue, and I see you have ruled justly between me and you in what follows we copy it in red color:

(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)
End of quote

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)
:I call Allah to witness that I am the Imam Nasser Mohammad Al-Yemeni I agree on this True judgement by your word in what follows

(and you have to deduce it from Allah’s Book otherwise what you offer it of dividing for the inheritance is incorrect)
Then I say: O virtuous sheikh Ahmad Esa Ebraheem, that is between you and I and all scholars of the nation, since that I am indeed truthful verily incumbent upon us to bring the clear proof from the decisive Quran, now we come to the explanatory-statement of dividing the mentioned inheritance with the virtuous sheikh Ahmad Esa Ebraheem, and he said:

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.
:Then Nasser Mohammad Al-Yemeni would distribute the inheritance without injustice as follows

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)?”.
Then Nasser Mohammad Al-Yemeni replies to him and I say: I mean that the share of the parents is a sixth at the presence of a child, which means the children of the deceased spouse. As for my word: (or presence of spouse and absence of children) surely I mean the estate of the deceased wife, I find for her parents a sixth at the absence of her children to the fact her husband will take half of the estate of his deceased wife. And (another) half remained, so a sixth for her mother, and a sixth (for) her father, and a sixth (for) her siblings. As for is the husband is the deceased, so there is no half for his wife at the absence of children, in fact hers is the fourth if the child is absent, and for his two parents for each of them is a fourth, and we can never deprive his siblings to the fact no presence of children for the deceased, so we found for his brethren as well a fourth. As in case his two parents to inherit him, surely this means that there is no presence fro his wife and his children it is then a third for each one of his parents and and a third for his brethren unless to share with them brethren for the deceased from the sixth of his mother’s share. Confirming with the word of Allah the Most High: {but if he has no child and (only) his two parents inherit him, for his mother is the third; but if he has brothers, for his mother is the sixth, after (payment of) a bequest he may have bequeathed or a debt.}Truthful Allah the Great [Al-Nesã`a] 4:11. As for if he is Kalala so got absent the wife, father, and children then we find that for his brethren two thirds and a third for his brethren from his mother.
{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)
In fact I am of the most among the people being keen for the connection of the True explanatory-statement for the Quran and for that you find that each explanatory-statement increases clarity and details to the one before it. O man, we do not have assumption for special cases, how often we gave fatwa to you that the brethren has no inheritance for them in the presence of a child and a wife, in fact the legitimate heirs are the children and their mother and she is the wife of the deceased, and his mother and father only. Then we take out the share of the secondary, then we give the remainder of the inheritance to the children of the deceased because they are the prime heirs. But you kneaded the inheritance and you increase the knowledge of the appointed shares of inheritance but complication unjustly. O man, how can be your statement an explanatory-statement? Only the explanatory-statement makes understanding easier for the people, as for your statement did not increase the knowledge of the appointed shares of inheritance but complication for the believers, so keep your duty to Allah and reflect and remember then you would never find for the statement of your formula a decisive authority even if the authority concurred with you in an issue surely it will differ with you the other equations so it would lack the authority of knowledge from the decisive Quran.

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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اقتباس: اضغط للقراءة
22


- 22 -

Imam Nasser Mohammad Al-Yemeni

03 - 09 - 1431 AH
13 - 08 - 2010 AD
03:39 am
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..Allah’s peace be upon you, and a blessed month to you and us with you and all the Musslims


In the name of Allah the All Merciful, the Most Merciful
Our Imam the supporter to Mohammad -prayer of forgiveness and peace be upon him- a blessed month to us and you and the Islamic nation altogether.
I have a simple enquiry and I hope that your chest be vast for me and you reply to me, and it is: if he did not have brothers then the remaining sixth would it be distributed to the heirs or that it would go to the house of treasury of the Muslims or is there another explanation. Allah’s peace and mercy be upon you.
..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

My honorable questioner brother, your question is if there were no siblings for the deceased and he left two parents and one child then to where the sixth go? And the answer: You have to know that this sixth (in case) if there were no siblings for him then it goes to his half-siblings from his mother if they existed, if there is no half-siblings from his mother for him then in this case it returns to the prime heir and he is the child, in the meaning of we take out the share of his two parents that is numbered from the estate which it is the sixth of the father and sixth for the mother, then we give the remainder to the child whether he is a male or a female, so his offspring are the prime heirs and for the is the remainder in all cases if the secondary heirs are absent surely the remainder goes to the offspring of the deceased, and we can never distribute it to the heirs that Allah did not send down of an authority. So remember that despite the absence of all the secondary heirs except the two parents surely we did not find that Allah added the two parents more than the share of the sixth; in fact the children would be gone with two thirds of the inheritance even if they were two females surely the would go with the two thirds of the inheritance, and (Allah) did not increase to the two parents more than the sixth with the presence of the children whether they be one of above than two, as well for his two parents a sixth for each of them. Confirming with the word of Allah the Most High: {Allah enjoins you concerning your children: for the male is the equal of the portion of two females; but if there be more than two females, two-thirds of what the deceased leaves is theirs; 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
{يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ وَإِنْ كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِنْ كَانَ لَهُ وَلَدٌ} صدق الله العظيم [النساء:11].

Have you found that Allah added to his two parents more than the sixth to each of them whether the children be one or two? Thus for his two parents a sixth, only the half is for the one child with the presence of brethren with the parents, but if the wife is found then here dividing the inheritance differs, surely no share for the brothers in fact we take out the share of his two parents and his wife then we give the remainder of the inheritance to his children, we can never be able to increase to the wife more than the eighth with the presence of the children, that’s because who say against Allah what they do not know they will say as long the brethren got deprived from the inheritance because of presence of a wife then the remained sixth goes to the wife then they add to her more than her appointed eighth for her in Allah’s decisive Book an eighth of the total estate. In fact if the wife, children and the two parents are present there is no inheritance for the brothers, in fact the shares of the secondary heirs would be taken out according to Allah’s dividing (inheritance) between them in His decisive Book, then we give the remainder of the inheritance to the prime heirs whether there be one or more, either male or female.

..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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https://mahdialumma.xyz/showthread.php?1497

اقتباس: اضغط للقراءة
23


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Imam Nasser Mohammad Al-Yemeni

04 - 08 - 1433 AH
23 - 06 - 2012 AD
02:55 am
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{O you who believe, be maintainers of justice, bearers of witness for Allah, even though it be against your own selves or (your) parents or near relatives}
Truthful Allah the Great


{ يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَى أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالأَقْرَبِينَ }
صدق الله العظيم

The original post written by; 48536
In the name of Allah the All Merciful, the Most Merciful, prayer of forgiveness and peace be upon Mohammad messenger of Allah and his virtuous family, and upon the Awaited Mahdi and his righteous family of his home and upon all the best foremost supporters till the last day, after this..
Sir my Imam, I ask you by Allah only to answer me about this issue that sitting over my chest as a mountain and the summary of the subject: Disputes fell between my husband and my brother and he (husband) ripped him off his money so he has grudge against him the vilest grudge, of what made matters worse they took my right of inheritance from my father against my will who left 51 Hectares and several properties and they did not give me one Derham (cent/penny) and they did not have enough with this only; in fact my mother disowned me and said the evil word: “She is not my daughter nor I am her mother”, so my husband prohibited me from visiting them and connecting with them or speak to them and he threatens me with killing if I violate him while I live in foreign place defeated between two fires the fire of my dictator husband and the fire of family connection that is severed. O my Imam, give me fatwa and the judgement is Allah’s and you O khalifa of the All Merciful, what should I do? Respond to me in the nearest time because I will son go to Morocco, may Allah support you and aid you, I also renew my allegiance to you O joy of my eye.

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, after this

Allah’s peace be upon you O blessed servant of Allah, and upon the entire best foremost supporters and upon all Muslims, surely it is not permissible for your family to deprive you from you share of the inheritance because of the disputes between your husband and your brother, it is not allowed for them, not allowed for them, not allowed for them. And Allah the Most High said: {And no burdened soul can bear another’s burden.}Truthful Allah the Great [Faater] 35:18
{وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى} صدق الله العظيم [فاطر:18].

Verily it is not allowed for your relatives and your mother to deprive you from your right in the inheritance because of your husband’s fault and his dispute with your brother, not allowed for the Muslims to disown their close relatives because of dispute between the son in law and his brother in law, so let keep their duty to Allah. And Allah the Most High said: {O people, keep your duty to your Lord, Who created you from a single being and created its mate of the same (kind), and spread from these two many men and women. And keep your duty to Allah, by Whom you demand one of another (your rights), and (to) the ties of relationship. Surely Allah is ever a Watcher over you.}Truthful Allah the Great [Al-Nesã`a] 4:1
{يأَيّهَا النّاسُ اتّقُواْ رَبّكُمُ الّذِي خَلَقَكُمْ مّن نّفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثّ مِنْهُمَا رِجَالاً كَثِيراً وَنِسَآءً وَاتّقُواْ اللّهَ الّذِي تَسَآءَلُونَ بِهِ وَالأرْحَامَ إِنّ اللّهَ كَانَ عَلَيْكُمْ رَقِيباً} صدق الله العظيم [النساء:1].

O servant of Allah, you have the right to raise a class action case in courts of justice about depriving you from your share in the inheritance of your father because of a dispute between your brother and your husband, thus your brother has the right to raise a case of fraud and scam against your husband without wronging, and each is specified to his fault. Confirming with the word of Allah the Most High: {And no burdened soul can bear another’s burden.}Truthful Allah the Great
{وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى} صدق الله العظيم.

And it is not allowed to your mother to deprive you from the mercy of the mother because of her prejudice (siding) with her son against your husband while you have no fault in the fraud, and it is not allowed for you to stand by your husband’s side while you know he defrauded your brother, surely you are not allowed to deny his action because of your love to him or that he is the father of your children, so if your testimony is asked from you by your parents about a thing that you know it so it is nor allowed for you to conceal the testimony after requesting it even if it is against your husband the father of your children, and even if the testimony is against your father, your mother, and your siblings, also not allowed for you to conceal the testimony with Truth after requesting it even if it is against yourself. Confirming with the word of Allah the Most High: {O you who believe, be maintainers of justice, bearers of witness for Allah, even though it be against your own selves or (your) parents or near relatives — whether he be rich or poor, Allah has a better right over them both. So follow not (your) low desires, lest you deviate. And if you distort or turn away from (truth), surely Allah is ever Aware of what you do.}Truthful Allah the Great [Al-Nesã`a] 4:135
{يَا أَيُّهَا الَّذِينَ آمَنُوا كُونُوا قَوَّامِينَ بِالْقِسْطِ شُهَدَاءَ لِلَّهِ وَلَوْ عَلَى أَنْفُسِكُمْ أَوِ الْوَالِدَيْنِ وَالأَقْرَبِينَ إِنْ يَكُنْ غَنِيًّا أَوْ فَقِيرًا فَاللَّهُ أَوْلَى بِهِمَا فَلا تَتَّبِعُوا الْهَوَى أَنْ تَعْدِلُوا وَإِنْ تَلْوُوا أَوْ تُعْرِضُوا فَإِنَّ اللَّهَ كَانَ بِمَا تَعْمَلُونَ خَبِيرًا} صدق الله العظيم [النساء:135].

..And peace be upon the sent ones, and praise be to Allah Lord of the worlds
.Your brother the Imam Mahdi Nasser Mohammad Al-Yemeni

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اقتباس: اضغط للقراءة
24


- 24 -

Imam Nasser Mohammad Al-Yemeni

29 - 07 - 1437 AH
07 - 05 - 2016 AD
06:02 am
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..Fatwa of share from the grandfather’s estate to the son of the son from the inheritance of his grandfather while he has children



Peace be upon you my Imam I have an important question about the inheritance I hope your fatwa about it for the importance
A man has two sons or more, and his children are married and they have children so if one of his sons died certainly the father will inherit from him thus his children but when the father dies after him which means the grandfather, so would the offspring of the deceased son inherit of what their grandfather left it?
.I have tried pondering over the explanatory-statements and I did not find fatwa about that or I just got confused
Your brother Zulaat

And Allah’s peace, mercy and His blessings be upon you my beloved Abdul Aziz Zulaat, and a blessed Friday to you and us with you and all the Muslims..

As for the fatwa of a share from the grandfather’s estate to the son of the son from from his grandfather’s estate while he has children surely there is nothing for them except the share of their father, verily it is not allowed looting his share by the siblings of their father with the excuse that he died, but the right does not die; in fact his share to be handed to his children to the fact they are heirs of their father of what left it their grandfather.

.Go ahead by downloading this fatwa of ours at the website to be a fatwa for the questioners,

..And peace be upon the sent ones, and praise be to Allah Lord of the worlds
.Your brother the Imam Mahdi Nasser Mohammad Al-Yemeni

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https://mahdialumma.xyz/showthread.php?1497

اقتباس: اضغط للقراءة
25


- 25 -
Imam Mahdi Nasser Mohammad Al-Yemeni

16 - Shawwal - 1443 AH
May - 17 - 2022 AD
05:40 am

(According to the official time of [Mecca] mother of towns)
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Allah’s peace, mercy and His blessings be upon you my beloved for Allah’s pleasure; the questioner, if (the deceased) had four wives then for them is one fourth of what he left behind from real estate, land or money, provided that he does not have a child from one or all of them, and if there is a child, then they are partners in the monetary value of the inheritance in general. And if there is only one wife, as that, her share is one eighth of the overall from properties, rent, real estate, and land. In a sense, of what he left if he has a child, and if he does not have a child, then her share is one-fourth of the head of the estate in general, after a bequest has been made to no heirs except the parents; the son is entitled to make bequest to his parents; something of the left over on the account of being kind to them, and Allah desired to be willingly from him on the account of being kind to his parents. And say: “My Lord, have mercy on them as they raised me when I was young”. As well after paying off the debt against the deceased from his estate, then dividing the estate justly according to what Allah has commanded.

..And peace be upon the messengers, and praise be to Allah Lord of the worlds
.Allah’s khalifa, your brother; Al-Mahdi Nasser Mohammad Al-Yemeni
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اقتباس: اضغط للقراءة
Last updated: 17-05-2022 08:25 AM