Lesson 9

Prophet’s(SAS) Hadeeth

Imran b.Hussain; A man came to the prophet & said my son’s son has died, what do I get. Prophet(sas) said you get 1/6. When he turned away he called him and said you get another sixth. When he turned away he called him again and said the other sixth is an allowance.

Ahmed , Abu Dawood., Thirmidhi

True Grand Father

• True Grand father (TGF) is Grand Father with no female in between the person died and the grandfather. E.g.. Father’s father (FF), or his father (FFF)…
• Untrue Grand Father is a grand father with a female between the person died and the grand father. e.g. Mother’s father (MF), his father (MFF) or father’s mother’s father (FMF)
• Only True Grand Father is eligible

• TGF = GF with no female in lineage.
  Eg.: FF, FFF…
• He is substitute for F – Inherits like F
• Substitutes for F or lower GF
• Secondary Heir
• Excluded by F
• Collaterals Excluded by GF one view
  Get share with GF in another view

TGF Share

Grand Father becomes a heir in the absence of Father

GF differs from F on 3 occasions:

1. GF does not exclude FM like F
2. GF does not affect M share when other heir is spouse With F,M & spouse: M will get 1/3 of balance after spouses share. But with GF, M will get 1/3 of total.
3. GF with collaterals (Brothers & Sisters):
   • One view is collaterals are excluded by GF
   • Other view – collaterals get share with GF

Learn and remember this well

The 3^rd situation arises when GF gets either:

1. 1/6 + bal in presence of D / SD or
2. balance alone when no Agnatic Descendants.

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TGF + Collterals : Difference of opinions

Brother & Sister Excluded	Brother & Sister get share
This view is reported from Aboobacker, Ibn Abbas, Ibn al Zubair, Abudarrda, Ubaibin Kaa’ab, Muad bin jabal, Abu Moosa al Ashaari, Ibn umer	Favoured by most companions of prophet., Zaid bin Thabith, Ali, Ibn Masoud,Students of Abu hanifa- Abu Yusuf & Muhammed
Accepted by Imam Abu Hanifa	Preferred by 3 Imams - Shafei, Maliki, Hambali,

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The first view proposers argue that GF is identical to F and excludes all collaterals:

1. Collaterals cannot be equated with GF, he is bound to provide sustenance to grand children unlike collaterals
2. Gf inherits like F in dual capacity hence he acts like F and excludes collaterals
3. Gf & collaterals are not equal- Gf excluded by F only but collaterals by F & S, SS.
4. Gf is never excluded defacto but collat can be. e.g. H,M, 2D, Bf, Sf—verses *-H,M,2D,GF

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Argument in favour of second view:

1. GF and Br &Sr are related to deceased thr single person F
2. Br. & Sr. are more in need of wealth than aged GF
3. Entire wealth may go to GF ‘s sons after his death
4. F and S both will get share together , So also GF and Br&Sr
5. F verses collaterals is specifically mentioned in Quran but not GF*collat.
6. Br. & Sr are related to F directly but not to GF
7. Collaterals share is mentioned in Quran and hence they are more in favour.
8. Gf is ascendant of F but B&Sr are descendants of F and hence more preferred.

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Al Khuraqa Case

• The problem arises due to absence of any specific provisions in Quran or sunnah of Prophet (s.a.s)
• Origin of this problem : During sahabi’s time
• A person died leaving M, Sf, FF
• The case is known as Al Khuraqa (The Tatters = Torn)
• Seven solutions were put forward, as below:

Sl.No.	Proposed by	Share of M	Share of Sf	Share of FF
1.	Aboobacker R.A	1/3	0*	2/3
2.	Ali R.A.	1/3	1/2	1/6
3.	Zaid b. thabith. R.A.	1/3	2/9	4/9
4.	Umer R.A.	1/6	1/2	1/3
5.	Uthman R.A	1/3	1/3	1/3
6.	Abdullah b. Masoud R.A.	1/6	0*	5/6
7.	Abdullah b. Masoud R.A.	1/4	1/2	1/4

The first view was accepted by Imam Abu Hanifa

The second view of simultaneous inheritance proposed by 5 people is accepted by:

1. Imam Maliki
2. Imam Shafei
3. Imam Abu Yusuf & Imam muhammed, Both are disciples of Abu Hanifa

Out of 7 solutions 1st one is accepted by Imam Abu Hanifa, 2nd and 3rd one are accepted by above 4 Imams and the others are discarded.

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Rule of Exclusion

• Proposed by Aboobacker R.A.
• Accepted as Rule of Hanafi school inspite of opposition by his disciples.
• Brothers and sisters are completely excluded by GF like F

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Rule of Simultaneous inheritance

1. Scheme of Ali R.A.
2. Scheme of Zaid B. Thabit R.A.

Accepted by Imams Shafei, Maliki & Hambali.

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Scheme of Ali R.A.

Basic principles are same and the GF is given option to elect more advantageous rule.

1. In the presence of F.A.D.-D,SD normally Gf gets 1/6+bal. But with collaterals he takes either bal with Brother /Sister or 1/6 whichever is higher.
2. No Agnatic descendants Normally GF is eligible for bal.
   1. With Brothers. GF is considered as residuary with Bf/Bc in the absence of agnatic descendants. He is treated as Bf or Bc. Sisters here become residuaries by their male counterparts.
   2. No Brothers but with sisters If sisters with Gf without Br, they take their Quranic share if otherwise competent

TGF has 2 options. He takes one with higher share among 2 options:

1. He takes his Fixed share of 1/6
2. Or he takes balance with Bf or Bc. Sf and Sc here become residuary with Bf and Bc

If Bf or Bc are not there sisters take their Quranic share

TGF & Collaterals share can be summarised as:

	Condition	Share of Collaterals	Share of TGF
Presence of D/SD	Bf (and Sf)	Take bal with GF. Bc and sc excluded by Bf	1/6 or bal with Bf and Sf whichever is higher
	No Bf but Sf +	Sf goes for bal. Bc (Sc) excluded.	1/6
	No Bf, Sf but Bc (with Sc)	Bc takes bal with GF	1/6 or bal with Bc and Sc whichever is higher
	No Bf, Sf, Bc, but Sc+	Sc goes for bal	1/6
No D/SD	Bf (and Sf)	Take bal with GF. Bc and sc excluded by Bf	1/6 or bal with Bf and Sf whichever is higher
	No Bf but Sf +	Sf takes her fixed share. Bc goes for bal with GF	1/6 or Bal with Bc(Sc) which ever is higher.
	No Bf, No Sf But Bc (with Sc)	Bc takes bal with GF	1/6 or bal with Bc and Sc whichever is higher
	No Bf, Sf, Bc, but Sc	Sc takes fixed share	1/6 or bal whichever is higher
Bf (and Sf)		Take bal with GF. Bc and sc excluded by Bf	1/6 or bal with Bf and Sf whichever is higher
No Bf but Sf +	D/SD +	Sf goes for bal. Bc (Sc) excluded.	1/6
	No D/SD	Sf takes her fixed share. Bc goes for bal with GF	1/6 or Bal with Bc(Sc) which ever is higher.
No Bf, Sf but Bc (with Sc)		Bc takes bal with GF	1/6 or bal with Bc and Sc whichever is higher
No Bf, Sf, Bc, but Sc+	D/SD +	Sc goes for bal	1/6
	No D/SD	Sc takes fixed share	1/6 or bal whichever is higher

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