5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

of a deceased woman is the only remaining heir, and the
decedent bequeathed half of the property to a third party, this
third party will be entitled to half of the property. One-third is
received by the spouse. One-sixth will be received by the Baytul-mâl
(the treasury). The third party first will receive one-third.
The half of the remaining two-thirds, (which translates to onethird
of the inherited property), is to be received by the
husband. After this distribution, one-third of the property of
inheritance remains. By giving one-sixth of this remaining part
to the third party, the half of the inherited property which was
bequeathed to him has been transferred. The remaining onesixth
will belong to the Bayt-ul-mâl, for the remaining part is not
to be given to the spouse. If the decedent bequeathed half of
the property to the spouse (husband), the entire property would
belong to him.
It is written in Fatâwâ-i Hindiyya, “Supposing a deceased
woman has a husband, a sister, and a sister by her father; half
(of the inheritance) falls to the husband, half to the sister, and
one-sixth to the sister by her father, and the basis of the
problem makes awl (changes) from six to seven. If there were a
brother by her father too, he would cause the sister by her
father to fall from her share of fard and become an asaba. And
because there would be nothing remaining from the husband
and the sister, the sister by father would get nothing.
ZAWIL - ARHÂM
I - If there exists no ashâb-i farâid or asaba, or if there is
only the husband or the wife, the inheritance is given to the
zawil-arhâm. The expenses of the funeral arrangement, such as
washing, shrouding and burial, and the payment of the human
debts having been deducted from the inheritance, one-third of
the remainder is spent for the fulfilment of the (decedent’s) will.
Two-thirds of the rest are given to the closest of the zawilarhâm.
The zawil-arhâm consists of five classes, which are as
follows in respect of their closeness to the deceased:
1 - The first class subsumes the decedent’s furû’. Furû’,
(sing., fer’), means children. (The decedent’s) daughters,
children, (the decedent’s) son’s daughters’ children and their
progeny are in this class.
II - The second class subsumes the decedent’s asl, which
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