Questions on inheritance and Islam (2018-06-18) ​

0:00:07 are you Christian that's very nice thank
0:00:13 you know that's very good thank you for
0:00:15 the question our long sleepers
0:00:17 there's two premises that are important
0:00:20 to get started or to have as base
0:00:23 premises before we continue our
0:00:25 discussion about inheritance in Islam
0:00:28 from this one the inheritance law in
0:00:31 Islam is not it's the exclusive it's not
0:00:37 exclusively mentioned in the Quran
0:00:39 that's one premise - that the
0:00:42 inheritance
0:00:43 nowhere in the Quran or the Sunnah has
0:00:46 to be only one it can be less than one
0:00:49 and more than one for example in the
0:00:59 Quran in chapter 4 verse 11 and 12 the
0:01:02 ones that you were talking about verses
0:01:05 you see come along he already come with
0:01:07 Zachary with low Harville insane foreign
0:01:10 kundan ISA and focus on a tiny fella
0:01:13 Honolulu THERMOTRONIC we're in Canada
0:01:16 hydroton fella had miss Willie every
0:01:19 helically waha de minimus to dose of
0:01:21 America in Lamia Kunlun wahlid Frank and
0:01:24 allahu allah allah wa sallam a doctor
0:01:28 now what is this verse talking about
0:01:33 I'll tell you Isaac let's take it step
0:01:36 by step
0:01:38 if a man all he has is three daughters a
0:01:43 person a man has three daughters or
0:01:47 let's say he has two daughters
0:01:50 how much will those daughters like he
0:01:54 doesn't have any parents
0:01:55 his parents are dead he doesn't have any
0:01:57 sons okay and all he has is so
0:02:02 how much of the inheritance will they
0:02:05 get they will get 2/3 because it says
0:02:08 why because in the Quran Allah says when
0:02:10 kuna were including the nice and focused
0:02:13 net any fella who fell Ahana through
0:02:17 THERMOTRONIC if there were any women
0:02:19 that were more than two then two or more
0:02:22 two or more then they have two thirds of
0:02:25 what he has given so in this situation
0:02:28 what happens to the rest of the
0:02:31 inheritance it's less than one you see
0:02:37 the prophet muhammad
0:02:38 sallallahoalyhiwasallam he said you can
0:02:40 leave a third of the rest of the
0:02:42 inheritance maximum as our SIA and he
0:02:46 says what through a through a through
0:02:48 kaffir 1/3 and 1/3 ISM is a lot in fact
0:02:52 so in other words there's situations in
0:02:56 the Sharia where the inheritance can be
0:03:00 less than one for a situation where two
0:03:04 or more daughters are left behind it's
0:03:07 two-thirds of the inheritance and
0:03:08 one-third we have to find out what to do
0:03:10 with it then okay we can go to charity
0:03:13 it has also not problematic at all now
0:03:17 the same thing applies if the
0:03:18 inheritance goes over one because the
0:03:22 premise has never been that one is that
0:03:26 the total estate can only be can only
0:03:28 represent the mathematical one and in
0:03:30 mathematics the mathematical one in
0:03:33 mathematics no in the Quran or in the
0:03:36 Sun that doesn't say that that is the
0:03:38 barometer for all inheritance and has to
0:03:41 fit a mathematical one had the Quran
0:03:43 said
0:03:44 the the that the inheritance has to be
0:03:47 consistent with the mathematical one a
0:03:49 hole in the MA in mathematics and then
0:03:53 it had given there had been scenarios
0:03:55 whereby that that was not possible when
0:03:57 under or over then there would have been
0:03:59 a contradiction in the Quran but since
0:04:01 the Quran doesn't make this yeah
0:04:04 the Quran never says it has to be over
0:04:05 or under one so just answers question on
0:04:15 the question of this has been asked
0:04:17 because actually it's called owl owl is
0:04:21 a situation where we have that we have
0:04:25 two things and something called a la
0:04:26 marea another called min Barea literally
0:04:28 or one of this one of the welfare rushes
0:04:31 in Medina the the prophets friends and
0:04:34 family allium never told him he was
0:04:37 asked about what happens when he goes
0:04:38 over one so he told us to this situation
0:04:41 how would you define it how would we
0:04:43 divide it okay so in the situation where
0:04:46 you have two daughters two Moto's let's
0:04:50 say to two daughters one wife two
0:04:54 parents
0:04:55 okay so the two plants will get 1/6 so
0:04:58 to 1/6 plus 1/6 equal 1/3 okay
0:05:02 the wife the wife would get 1/8 and the
0:05:07 the two daughters will get 2/3 which
0:05:10 meet which means this one and one eighth
0:05:12 okay so what happens is I don't have a
0:05:15 board here but the original denominator
0:05:18 would be 24 so you have a denominator
0:05:21 the lowest common multiple is 24 the
0:05:26 lowest common multiple of those
0:05:28 fractions is 24 so so let me say what I
0:05:31 mean by that so what does 1/3 1 8 1 and
0:05:39 24 is the lowest common multiple now if
0:05:43 we have 1 + 1 8 the lowest common
0:05:46 multiple it changes - why - 27
0:05:50 2:27 because we're well as all 1/3 and
0:05:57 1/8 and one-sixth can go into 24 when
0:06:01 we're talking about now you have it you
0:06:03 have one and 1/8 as the as the total sum
0:06:06 which means that the denominator has to
0:06:10 be out of 24 which we at 27 which means
0:06:12 it becomes an improper fraction comes
0:06:14 over one percent so whereas before the
0:06:17 parents yes exactly it's nine over no
0:06:25 but if you're if you want to represent
0:06:27 nine over eight which is an improper
0:06:29 fraction in a way which has a
0:06:31 denominator which can fit all of the
0:06:33 fractions in it the denominator becomes
0:06:36 27 so let's stick with nine over eight
0:06:45 nine over eight is what is an improper
0:06:47 fraction because the numerator is more
0:06:49 than the denominator okay if the
0:06:51 numerator is more than the denominator
0:06:53 it's an improper fractions one and one
0:06:55 eighth no problem so now we have to go
0:06:58 back to our cake because if you think of
0:07:01 the estate as a cake or let's say an
0:07:03 apple then what necessarily happens is
0:07:06 everyone now gets a smaller portion of
0:07:08 the cake yes so one one and one and one
0:07:14 eight or nine over eight or denominator
0:07:17 twenty-seven becomes the new one so one
0:07:21 transfers to 109 over a so which means
0:07:24 that becomes so now instead of the
0:07:27 parents getting one over one or one six
0:07:31 each they'll get less than that instead
0:07:33 of the wife getting one eighths she'll
0:07:35 get less than that and so on and so
0:07:36 forth so everyone share decreases just
0:07:40 like if for example it went under one
0:07:44 one everyone share would increase
0:07:48 yeah so yes yes no that's fine
0:08:16 so the point is this is that the premise
0:08:18 is never that is one was the barometer
0:08:20 of mathematical consistency that we are
0:08:23 it can go over one that can go under one
0:08:25 so that's what in most cases and this is
0:08:28 a reality that it will fit in one in
0:08:31 most cases I would say over 95% of cases
0:08:33 these are anomalous cases that we've
0:08:35 talked about where it goes on to over
0:08:37 one because usually people have let's
0:08:39 say sons if they don't have sons it's
0:08:41 usually an easier place you because the
0:08:43 son gets half accept or whatever get the
0:08:45 son away now you have the wife and by
0:08:50 the way this is really interesting let
0:08:51 me show you why one of the common
0:08:54 attacks against Islam is that the
0:08:56 inheritance law for a man is more than
0:08:58 it is for a woman I know it but it's not
0:09:02 really true because in some cases like
0:09:04 for John we just talked about a
0:09:05 situation where the man and the woman
0:09:08 get the same because the father and the
0:09:10 mother get 1:30 or 1/6 each 1/3 each if
0:09:14 there's no Sun and 1/6 seats if there's
0:09:16 a sign so let's say 1/6 each and in the
0:09:20 situation the the biggest
0:09:22 proportionality of any inheritance given
0:09:24 to any subgroup is that which is given
0:09:26 to two or more females which is more
0:09:29 than that which is given to sons by the
0:09:31 way so when because there's no version
0:09:33 of quran which says that if two or more
0:09:35 sons etc then they have two thirds but
0:09:41 then the son gets
0:09:43 yes half yes yes yes yes yes
0:09:48 the right thing to say be that the son
0:09:51 gets the most out of the inheritance of
0:09:53 all inheritors not that men get more
0:09:56 than women because in some places men
0:09:57 get what a woman men get more than women
0:10:00 in some cases when we get more than men
0:10:02 and in other cases they get the same
0:10:04 yeah that's that's it yes thank you nice
0:10:13 to know you see any time money yes I