5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

are the fâsid [1] grandfathers, the fâsid grandmothers, and their
parents. Also in this class are the decedent’s mother’s father
and also the father or mother of this last member.
III - The third class subsumes the decedent’s father’s furû’.
All kinds of sisters’ children or grandchildren and uterine
brothers’ children and all kinds of brothers’ daughters or
grandchildren are in this class.
IV - The fourth class subsumes the grandparents’ furû’.
Paternal aunts, maternal aunts, maternal uncles and paternal
uncles uterine are in this class. The paternal uncle uterine is
one’s father’s brother uterine. Those paternal uncles who are
the father’s brothers by the same father and mother or by the
same father only are asabas. All kinds of paternal uncles’
daughters and their progeny are all in the fourth group.
V - The fifth class subsumes the father’s or the mother’s
grandfathers’ furû’. The mother’s or father’s paternal aunts,
maternal aunts and maternal uncles, the father’s paternal
uncles uterine, the mother’s paternal uncles, the mother’s and
father’s paternal uncles’ daughters, and the mother’s paternal
uncles’ children are in the fifth class.
2 - If only one of the zawil-arhâm exists and none of the
other heirs exists, this person gets the entire property. If there is
only one person in one of the five classes of the zawil-arhâm,
those who are in the following classes cannot be heirs even if
they are closer to the deceased. If there are several people in
the same class, the ones who are closer to the deceased
deprive the ones who are farther of the inheritance. For
example, if the mother’s father exists, his (mother’s father’s)
mother or father cannot be an heir. Likewise, if the maternal
uncle and the maternal uncle’s son exist, the maternal uncle’s
son cannot get any inheritance. Next, one who is related to the
deceased by two linkages deprives one who is related by one
linkage. For example, when there is a maternal uncle by both
parents, (that is, mother’s brother from the same father and
mother), a maternal uncle only by the same father, (that is,
mother’s brother only from the same father), cannot be an heir.
In case of equality in these respects also, one who is related to
the deceased through an heir becomes the heir. For example, if
the son’s daughter’s daughter exists, the daughter’s daughter’s
[1] Fâsid grandfathers and grandmothers are those in the female line.
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