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5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

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ecome asaba.<br />

4 - Female inheritors are of seven types: The deceased’s<br />

daughter, granddaughter by a son, mother, sahîh<br />

grandmothers, sisters of three kinds, wife, and, if the deceased<br />

was a slave or a jâriya, the woman who manumitted him or her.<br />

When there are more than one wives, they share one fard.<br />

5 - If the deceased has more than one daughters, his (or<br />

her) granddaughters by a son cannot become inheritors. But if<br />

he (or she) does not have sons but has a grandson by a son<br />

also, his (or her) son’s daughters become asaba together with<br />

the grandson, and what remains from the daughters is<br />

distributed to the son’s sons and son’s daughters, each<br />

grandson being given twice the share of each granddaughter. If<br />

the deceased has a son, the son’s children cannot be inheritors.<br />

6 - Benûl-a’yân consists of brothers of the same mother and<br />

father, who are also termed shaqîq, and Benûl’allât, that is,<br />

brothers of the same father but different mothers; these cannot<br />

be inheritors when one of the son, son’s son, father and<br />

grandfather exists (is alive).<br />

Sisters can be only asaba when the deceased has a<br />

daughter or a granddaughter by a son or they (sisters) have a<br />

brother. They cannot be inheritors if the deceased has a son, a<br />

grandson by a son, father or a grandfather.<br />

If the deceased has more than one shaqîqas, that is, sisters<br />

of the same mother and father, his (or her) sisters of the same<br />

father only cannot be inheritors when they are without brothers<br />

of the same kind. But if the deceased has also brothers of the<br />

same father, these cause the sisters of the same father to<br />

become asaba, and the property remaining from the sisters of<br />

the deceased (shaqîqas) is distributed to his (or her) brothers<br />

and sisters from the father, the brothers being given twice the<br />

amount (received by the sisters).<br />

Sisters from the same father can be only asaba when the<br />

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

they (these sisters) have a brother; but they cannot be inheritors<br />

if the deceased has two sisters (shaqîqas) or a son or a<br />

grandson by a son or father. The dead person’s having (living)<br />

brothers and sisters of the same father and mother does not<br />

exclude his (or her) brothers and sisters uterine from being<br />

heirs. In other words, the benûl-akhyâf (brothers and sisters<br />

- 252 -

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