5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi
5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi
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 />
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