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Chapter thirty-eight » Inheritance of the first group → ← Chapter thirty-seven » Will (Waṣiyyah)

Chapter thirty-eight » Inheritance (Irth)

Ruling 2745. There are three groups of people who inherit from a deceased person on the basis of kinship.

The first group consists of the deceased’s father, mother, and offspring, and in the absence of offspring, the grandchildren, however many generations they go forward; whoever from among them is nearer to the deceased inherits from him. And as long as there is even one person from this group, those in the second group do not inherit.

The second group consists of the deceased’s grandfathers, grandmothers, sisters, and brothers, and in the absence of sisters and brothers, their offspring; whoever from among them is nearer to the deceased inherits from him. And as long as there is even one person from this group, those in the third group do not inherit.

The third group consists of the deceased’s paternal uncles and paternal aunts, maternal uncles and maternal aunts, and their offspring. And as long as even one person from the paternal uncles and paternal aunts and maternal uncles and maternal aunts of the deceased is alive, their offspring do not inherit. However, if there is one paternal half-uncle from the father’s side(1) and one full paternal cousin, and there are no maternal uncles or maternal aunts, then the paternal cousin inherits from him to the exclusion of the paternal half-uncle. But if there are a number of paternal uncles or a number of paternal cousins, or if the deceased’s widow is alive, then this rule (ḥukm) is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution (al-iḥtiyāṭ al-wājib), the rule is not established in this case].(2)

Ruling 2746. If there are no paternal uncles, paternal aunts, maternal uncles, or maternal aunts, nor any of their offspring or grandchildren, then the deceased is inherited by the paternal uncles and paternal aunts and maternal uncles and maternal aunts of the deceased’s parents. If they are not alive, their offspring inherit. If they are not alive, the paternal uncles and paternal aunts and maternal uncles and maternal aunts of the deceased’s paternal grandparents inherit. And if they are not alive, their offspring inherit.

Ruling 2747. A husband and wife inherit from one another as per the details that will be mentioned later.

(1) That is, a paternal half-brother of his father (see al-Masāʾil al-Muntakhabah, p. 477, Ruling 1344).

(2) As mentioned in Ruling 6, the term ‘problematic’ (maḥall al-ishkāl) amounts to saying that the ruling is based on obligatory precaution.
Chapter thirty-eight » Inheritance of the first group → ← Chapter thirty-seven » Will (Waṣiyyah)
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