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5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

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Paternal sister gets the sudus when she exists with the one<br />

daughter of the deceased.<br />

Uterine brother or sister: When the deceased has one<br />

uterine brother or sister, he or she gets the sudus (one-sixth).<br />

Warning: When the father is to receive one-sixth first the<br />

father receives the sudus (one-sixth) and then the mother<br />

receives one-third of the remainder. If the mother does not<br />

exist, the grandmothers still receive the sudus; they cannot<br />

replace the mother and receive the thuluth.<br />

3 - Male inheritors are ten, and nine of them are asaba. The<br />

hushand cannot be an asaba:<br />

Father: If the deceased does not have children or<br />

grandchilden by a son, the father becomes only an asaba. If the<br />

deceased has a daughter or a granddaughter by a son, the<br />

father is included both in the ashâb-i farâid and in the asaba. If<br />

he (the deceased) has a son or a grandson by a son, he (the<br />

deceased’s father) gets only the sudus.<br />

Sahîh grandfathers: Are those grandfathers who are not<br />

linked with the deceased by mother. They become asaba<br />

instead of the father when the deceased does not have children<br />

or a father. If the deceased has a son, such a grandfather gets<br />

only the sudus in lieu of the father. If the deceased has a father,<br />

they cannot be inheritors at all.<br />

Son: Is the most emphatic asaba; when there is a son the<br />

other asabas cannot be asaba at all. If a child is expected to be<br />

born, it is accepted as male and its share is reserved<br />

accordingly.<br />

Son’s son: When the deceased does not have a son, the<br />

son’s son becomes the most emphatic asaba and the asabas<br />

lapse from being asaba.<br />

Brother: Is of three sorts: shaqîq, only by father, only by<br />

mother. Shaqîq, that is, brother of the same mother and father,<br />

brother uterine or brother of the same father becomes asaba<br />

when the deceased does not have a son, son’s son, father or<br />

grandfathers.<br />

Brother’s son, paternal uncles and their sons, and, if the<br />

deceased was a manumitted slave or jâriya, the man who<br />

manumitted him or her, respectively, become asaba if there are<br />

not any asabas prior to them.<br />

Husband: Is included only in the ashâb-i farâid. He does not<br />

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