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چهارشنبه: 1397/05/24 - (الأربعاء:3/ذو الحجة/1439)

Miscellaneous rules of inheritance

 

2789. If a person dies and he possesses properties other than the Holy Qur'an, a ring, a sword and the clothes worn by him, then these four things will belong to the eldest son. But, if the deceased does not possess anything other than the four mentioned things, then those things will be divided among the heirs. And if the four mentioned things, the deceased has left more than one - for example, if he has left two copies of the Qur'an, or two rings, as per obligatory precaution, his eldest son should make a compromise with the other heirs in respect of those things.

2790. If the deceased has two eldest sons, for example, if his two sons are born of two wives at one and the same time - they should divide his clothes, Qur'an, ring and sword equally between themselves.

2791. If the deceased is indebted, and if his debt is equal to his estate or more, the four things which belong to the eldest son, as mentioned in the preceding rule, it should be given by him for the settlement of the debt. And if the debt is less than the estate, the eldest son should proportionally give from those four things.
For example, if the entire estate of the deceased is US $60, and the articles given to the eldest son are worth $20, and the deceased has a debt worth $30, the eldest son will proportionally pay $10 from the four things he received from the deceased.

2792. A Muslim inherits from a non-Muslim, but a non-Muslim does not inherit from a deceased Muslim, even if he be his father or son.

2793. If a person kills one of his relatives intentionally and unjustly, he does not inherit from him. But, if it was due to some error, for example, if he threw a stone in the air and by chance, it hit one of his relatives and killed him, he inherits from him. Nevertheless, it is a matter of Ishkal for him to inherit from the Diyah (blood money) for the killing, which will be explained later.

2794. Whenever it is proposed to divide the inheritance, the share equal to that of one son, should be set aside for a child who is in its mother’s womb and would inherit if he is born alive and if it is expected that there are two children, the shares for two sons should be set aside. And if it is expected that there is even more than that for example, the woman is expected to give birth to, the shares for three sons should be set aside. And if, contrary to expectation, one boy or one girl was born, then other heirs should divide the surplus among themselves.

 

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Wednesday / 15 August / 2018