5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

uterine) do not lapse from being heirs on account of the benûla’yân.
7 - The dead person’s son and daughter from his wife or
jâriya, his (or her, if the deceased is a woman) father and
mother, husband and wife are never deprived of the
inheritance. Of the asabas other than these, a person who is
related to the deceased through one other person cannot be a
heir if that other person exists. Those who are closer to the
deceased deprive those who are farther away. [For example,
when a sister exists as an asaba, the paternal uncle or the
brother’s son cannot be asaba]. Only, brothers and sisters
uterine are exempt from this. One who is related (to the
deceased) through two lines deprives one who is related
through one line. For example, brothers of (only) the same
father cannot inherit in case a brother of the same father and
mother exists. Sisters of (only) the same father, when they are
asaba, lapse from being asaba when the deceased has a
brother. Likewise, when the deceased has a daughter, she
causes the brother of (only) the same father to lapse.
The ashâb-i farâid can get their shares from the inheritance
according to the conditions written on the previous page.
8 - All the jaddas, that is, grandmothers, are excluded from
the inheritance when the deceased has a mother. The jaddas in
the male line are excluded also when there is a father.
However, existence of grandfathers does not exclude them.
9 - Slaves, the deceased’s murderer (if the deceased is the
victim of a murder), non-Muslims, renegades cannot be heirs.
[Then, if a Muslim’s progeny are supercilious about harâms and
fards, e.g. namâz, ghusl ablution, fasting, if they do not feel
penitent for their sins, they become renegades and they cannot
inherit from a Muslim]. An illegitimate child disavowed by the
father cannot be a heir to his (or her) father. However, it is
permissible for a Muslim to will his property to a disbeliever and
for a disbeliever to a Muslim.
10 - If a zimmî [a non-Muslim countryman] or a harbî [a
foreign disbeliever] is converted to Islam with the help of a
Muslim and accepts that Muslim as his guardian, that is,
commits himself under his command, and if that Muslim accepts
to undertake the payment of his debt, that Muslim becomes his
Mawlal-muwâlât.
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