After Any Legacy Or Debt, Heritage Will Be Divided

  

Share of husband and wife (L-516) 

وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَٰجُكُمْ إِن لَّمْ يَكُن لَّهُنَّ وَلَدٌ فَإِن كَانَ لَهُنَّ وَلَدٌفَلَكُمُ ٱلرُّبُعُ مِمَّا تَرَكْنَ مِنۢ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَآ أَوْ دَيْنٍ وَلَهُنَّ ٱلرُّبُعُ مِمَّا تَرَكْتُمْ إِن لَّمْ يَكُن لَّكُمْ وَلَدٌ فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ ٱلثُّمُنُ مِمَّا تَرَكْتُم مِّنۢ بَعْدِ وَصِيَّةٍ  تُوصُونَ بِهَآ أَوْ دَيْنٍ  12a.

12a.  Wa  lakum  nisfu  maa  taraka  ‘azwaa-jukum  ‘illam-  yakulla-hunna  walad.  Fa-‘in-  kaana  lahunna  waladun-  falakumur-rubu-‘u  mimmaa  tarakna  mim-  ba’-di  Wa-siyyatiny-yuusiina  bihaaa  ‘aw  dayn.  Wa  lahun-nar-rubu-‘u  mimmaa  taraktum  ‘illam-yakul-lakum  walad.  Fa-‘in- kaana  lakum  waladun-falahunnas-sumunu  mimmaa  taraktum-mim- ba’-di  Wa-siy-yatin  tuu-suuna  bihaaa  ‘aw  dayn.

12a.  You get one-half of what your wives leave behind, if they had no children. If they had children, you get one-fourth of what they leave. After fulfilling any bequest and paying off debts. They get one-fourth of what you leave behind, if you have no children. If you have children, they get one-eighth of what you leave. After fulfilling any bequest and paying off debts.

Hereditary of Husband and wife has been described in this verse. That is to say, the husband will take half from the wealth of his wife, on the condition that, the woman has no child. But if the woman has some children, either from her present husband or any previous, then her husband will be given fourth of that which she leaves. However, before distribution of the hereditary, any legacy she may have bequeathed, or debt, which she may have contracted, shall be paid first.

Like this, the wife will get fourth of that which her husband leaves, provided that the husband has no child, whether from this wife or any other woman. Otherwise, she will get eighth of that which he will leave after payment of any legacy he may has bequeathed, or debt he may has contracted.

Every kind of property and wealth will be included in the inheritance, whether that is cash or things, moveable or unmovable, ornaments or bars of precious metals and houses or gardens. But the money or its value incumbent on her husband; will be counted in the debt.

These Rules of God about the hereditary are quite full with wisdom and advisability. Our success is hidden in accepting them and acting upon them. 

Kalaalah – (the person, who does not have his father or son), all theologians of Islam admit this explanation, but Imam Abu Hanifah says that the grandmother and granddaughter should also be not in addition to the father and the son (that person should not have father, son, grandmother and granddaughter). In this connection, which order is for the father and the son that is for the grandmother and the granddaughter too. However, difference of opinion in this respect, is from the very first between the theologians. 

Now there is description about hereditary of such brothers and sisters, who become heirs only from the mother-side. It is the Rule that while father and son are present, then brother and sister will get nothing. If the father and the son are not living, then brother and sister will get portion of hereditary. There are three types of brothers and sisters:

1.    Own – those brothers and sisters, who have same father and mother. They are called ‘ainii.

2.    Step-brothers and sisters, who are brothers and sisters due to father only, are called ‘alaatii.

3.    Brothers or sisters by the same mother but by a different father are called ‘akhyaafii. 

Recitation in this verse is about the last type of brothers and sisters.

If the deceased person does not have any close from the father, the mother, the son or the daughter, but he/she have one ‘akhyaafii brother or ‘akhyaafii sister, then each of both will get sixth of that which they leave. Share from hereditary for akhyaafii brother and ‘akhyaafii sister is equal, nobody will be given more or less.    

As far as it concerns about other two types of brothers and sisters, that is to say; ‘ainii and ’alaatii, order for these both types is just like own children on condition that the deceased person does not have father or son. ‘ainii brother or sister gets first priority. If they are not alive then ’alaatii brothers and sisters will get their turn.

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