Lesson 10
Calculation of shares: TGF(Zaid bin Thabit’s Scheme)
Scheme of Zaid B. Thabit (compiler of Quran)
Accepted by Shafei, Maliki & Hambali schools
Main Features
- Sf & Sc are converted into residuaries by GF in the absence of Bf or Bc unlike Ali’s scheme. GF becomes residuary with Br / Sr.
- GF will get minimum 1/3 of balance or balance with Br/Sr whichever is greater
- In any case it should not be less than 1/6 his Quranic share
- Disadvantage in this rule is that he cannot exclude Bc like Bf
Scheme of Zaid B. Thabit - Calculation
Make 3 calculations. GF goes for the calculation with higher share:
- GF 1/6
- GF taking 1/3 of balance.
- GF as balance with Brother And Sister.
Presence of Bf+Sf with Bc+Sc:
Bc+Sc is included in share calculations because GF does not exclude them but after GF is allotted his share Bc/Sc share goes to Bf under disadvantage rule to GF
Here actually Bc+Sc reduce share of TGF.
Presence of Bf with or without Sf with Bc (with or without Sc):
Bc+Sc is included in share calculations because GF does not exclude them but after GF is allotted his share Bc/Sc share goes to Bf under disadvantage rule to GF
Here actually Bc+Sc reduce share of TGF.
Initial calculations are made strictly on the earlier said 3 calculations and GF is given his share and then afterwards Bc and Sc (with or without Sc) share is given to Bf and Sf (with or without Sf)
No Bf but Presence of Sf with Bc(+Sc) :
Bc+Sc is included in share calculations because GF does not exclude them. Here Sf also cannot exclude Bc or Sc but she reduces their share by increasing her share to the limit given to her ie 1/2 or 2/3.
Initial calculations are made strictly on the earlier said 3 calculations and GF is given his share and then afterwards Sf share is increased to her Quranic share. Whatever the balance left is shared by Bc and Sc
Scheme of Zaid B. Thabit - Summary
Conditions | Share of Collaterals | Share of TGF |
---|---|---|
Bf (and Sf) | Take bal with GF. Bc and sc included for share calculations but after Gf share is given their share is taken by Bf+Sf | Make 3 calculations. 1. Gf getting 1/6 2. Gf getting 1/3 of balance after other fixed shares are given 3. Gf getting balance with Br and Sr. Which ever share is higher Gf goes for that |
No Bf but Sf + | Sf goes for bal with Gf. If Bc or Sc is there they are included for share calculations but after Gf share is given Sf share is increased to her fixed share the rest is given to Bc and Sc | |
No Bf, Sf but Bc (with Sc) | Bc takes bal with GF | |
No Bf, Sf, Bc, but Sc+ | Sc goes for bal |
TGF - Sum up
Pr./Sec | Secondary Heir |
---|---|
Excluded by | F |
They exclude | All Bu &Su, higher GF In One view Brothers/sisters (f,c) |
Share fraction | As above |
Effect on others | Excludes as above |
Effect of others | F excludes, Br,Sr reduce/not reduce shares |
Effect of Awl | Share reduces |
Effect of Radd | Eligible |
Special occasion | Gf with collaterals |