5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

would be given in both cases are separately calculated in
accordance with (the knowledge of) farâid, the share that it is
found out would be more is reserved and the rest is divided
among the other inheritors. If this foetus is born alive in two
years’ time, it becomes an inheritor even if it dies immediately,
and it leaves an inheritance when it dies.” In Ibni Âbidîn and
Durr-ul-Muntaqâ it is said, “If one of two brothers dies in China
and the other brother dies in Andalusia [1] at sunrise the same
day, the one who dies in Andalusia will inherit from the other.
For [the earth rotates from west to east], the sun rises earlier in
the east.
I - Expenses for washing, shrouding, burying and human
debts, respectively, are set apart and distributed from the
property left by the deceased. The rest of the property is
evaluated according to the market and divided into three. The
first part is spent for fulfilling those orders of the deceased that
are compatible with the Sharî’a. The other two parts are
distributed according to their value, or they are sold and the
money is distributed to the inheritors as follows:
(1) First, the twelve people called the ashâb-i farâid are
given their dues as prescribed in Qur’ân al-kerîm. These dues
are also termed fard. Four of them are male.
(2) The property remaining from the ashâb-i farâid is given to
the closest of those relatives of the deceased that are called
Asaba. The names of the asaba will be given later. If there are
no asaba the rest of the property also is distributed to the
ashâb-i farâid. But the husband or the wife is not given a share
at this time.
(3) If none of the ashâb-i farâid or the asaba is existent, it
will be given to the relatives called zawil-arhâm, which consists
of five classes; their names are written towards the end of the
twenty-third chapter.
(4) If there are no zawil-arhâm either, it is given to a man
called mawlal-muwâlât. [See article ten]. If this does not exist
either, it is given to the person who the deceased has claimed
to be his relative through someone, —e.g. by saying, “He is my
brother”—, but who is not avowed by the person claimed to
have mediated in the kinship.
[1] Spain.
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