Debt Is To Be Paid Before Dividing The Heritage

 

Portion of a distant heir (L-517) 

وَإِن كَانَ رَجُلٌ يُورَثُ كَلَٰلَةً أَوِ ٱمْرَأَةٌ وَلَهُۥٓ أَخٌ أَوْ أُخْتٌ فَلِ كُلِّ وَٰحِدٍ مِّنْهُمَا ٱلسُّدُ سُ12b.

12b.  Wa  ‘in-  kaana  rajuluny-yuu-rasu  kalaalatan  ‘a-wimra- ‘atunw-wa  lahuuu  ‘akhun  ‘aw  ‘ukhtun-  fali-kulli  waahidim-min-humas-sudus.

12b.  If a man or woman leaves neither parents nor children, but has a brother or sister, each of them gets one-sixth.

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 than 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 left. 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 the 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. Portion of these two kinds of persons will be described in detail at the end of this Surah.

In this connection, remaining laws about distribution of the hereditary will be explained after it also. 

https://youtu.be/v_JkJNS9hXg

LESSON

If step-brothers and sisters from the mother side (‘akhyaafii) are more than one, then they all will be paid one-third from the wealth of inheritance. However, debt will be returned and the bequeathed legacy will be made up first, provided that the other persons are not harmed due to the bequest. There are two forms of loss:

·       The legacy is for more than one-third of the heritage.

·       The will has been bequeathed also for that heir, who will be given share from the inheritance.

These both forms are not in order. If the entire heirs accept them then in this form, these are correct.

It has been ordered repeatedly about the debt and the legacy besides heritage, because there was a suspicion that the heirs would not divide the wealth before paying the debt and fulfilling the bequest of the deceased person.

Five kinds of heritages have been described with effect from the beginning of this section (Rukuuu’) – Son and daughter, mother and father, ‘akhyaafii (step-brother and sister by the same mother). These five kinsfolk are partners in the heritage. After explaining their shares in the inheritance, it has been commanded emphatically “It is order of Allah Almighty. Carrying out this order is unavoidable and He knows about the person, who obeyed, who disobeyed, who played fair in the payment of debt and acted upon the legacy and distribution of the inheritance.”

Another kind of heirs exists too besides these sharers which is called “’Asbah” (Kinsmen). Their share from the inheritance has not been fixed from any relation. But they will be given that part from the heritage which has remained after handing the portions over to the real heirs. That is to say, if any deceased person does not have any heir but the relatives (’Asbah), then the kinsmen will take that person’s entire wealth and property as next for heirs. If the both kinds are present, then remaining from the heirs, will be given to (’Asbah) and if nothing has remained, then they will get nothing.

Actually ’Asbah is that male who does not have relationship with the deceased person from the woman side. As per priority, it has following four grades:

1.   Son and the grandson

2.  Father and grandfather

3.  Brother and nephew

4.  Uncle (brother of father), his son (cousin) or his grandson

If there are many persons, then whoever is close to the deceased person, he will be antecedent, like son than grandson, brother than nephew and a full (son, father, brother or uncle) than the step (son, father or brother etc). Besides these four, woman is also ’Asbah along with the man in the children and brothers.

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore, Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated Urdu to English  by Muhammad Sharif).