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5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

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(5) If none of the inheritors mentioned above exists, the<br />

remaining two-thirds of the inheritance also is spent for the<br />

fulfilment of his orders. If he died intestate, the Bayt-ul-mâl<br />

takes the property, even if he is a zimmî.<br />

II - Qur’ân al-kerîm classifies the ashâb-i farâid into six<br />

groups and allots each group’s share [fard] as follows:<br />

NISF: After the amount enjoined in the will is set apart from<br />

the property of inheritance, half of the rest is given to one of the<br />

following five kinds of people, with the proviso that, if there is<br />

only one person in one of the first four kinds, she and the<br />

husband (of the deceased) will get it. Two of these four kinds<br />

cannot exist at the same time.<br />

Daughter: If the deceased has no son(s), the daughter gets<br />

that half.<br />

Son’s daughter: If the deceased does not have a (living)<br />

child [son or daughter] or a grandson through his son she gets<br />

that half.<br />

Sister: If the deceased does not have a (living) child(ren),<br />

grandchild(ren) by a son, brother(s), or father, she gets that<br />

half.<br />

Paternal sister: She gets that half instead of the sister if the<br />

deceased does not have a sister.<br />

Husband: He gets that half if the deceased does not have<br />

children or grandchildren by a son.<br />

If one of the first four of these five kinds of poeple exists<br />

together with her brother, she cannot get her fard. She<br />

becomes only an asaba. When she becomes an asaba, the<br />

brother gets twice as much as the sister. Reasons for this are<br />

explained in the five hundred and seventy-sixth page of the<br />

Turkish original version, under the heading Nafaka ve Komşu<br />

Hakları (Maintenance and Neighbours’ Rights). If there are<br />

more than one people in one of these four kinds, instead of the<br />

nisf they get the thuluthân (two-thirds) and share it.<br />

RUBU’: Are those who will get one-fourth. They are two<br />

people:<br />

Husband: If the deceased has children or grandchildren by a<br />

son, the husband gets one-fourth.<br />

Wife: If the deceased has no children or grandchildren by a<br />

son, the wife gets the rubu’ (one-fourth).<br />

- 249 -

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