5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

son cannot be an heir. For, the former is of the progeny of the
owner of the fard.
3 - If there is difference in the directions of closeness; for
example, if the father’s mother’s father and the mother’s father’s
father both exist, the one in the father’s direction gets twothirds,
and the one in the mother’s direction gets one-third.
4 - In case of equality in respect of the degree of closeness,
the strength of closeness and the direction of closeness to the
deceased, and if none of the concerned is related to the
deceased through an heir, the inheritance is divided so that the
men get twice as much as the women do. An example of this
would be the existence of both the daughter’s son and the
daughter’s daughter.
The person who has helped a murderer, like the murderer,
cannot get any inheritance (from the murdered). This, of course,
has the stipulation that they should have reached the age of
discretion and puberty. One can be a renegade’s heir. But a
renegade cannot be a Muslim’s heir.
It is stated in the final chapters of the books Hadîqa and
Berîqa, as well as in the books Sayf-us-sârim and Inqaz-ulhâlikin
and Jilâ-ul-qulûb: “If a person donates gold coins or
silvers to a public foundation and provides that they should be
spent on good deeds such as reading Qur’ân al-kerîm,
performing supererogatory namâz, saying prayers such as
tesbîh, tehlîl, mawlîd and salawât and the thawâb for these
pious deeds should be donated as gifts to his soul and to the
souls of people he names, this will is not sahîh, for it is a bid’at
to make such a donation. He or the people he names will not
receive the thawâb donated. Money accepted in return for these
services will be a fee for the pious deeds, which is an act of
harâm. If some people perform these pious deeds voluntarily
and donate the thawâb (they will earn for these pious deeds) to
people they choose, alive or dead, those people will receive the
thawâb. And it will be halâl for them (people who do these pious
deeds) to accept the gifts donated to them without bargaining.
Donation of this sort will be sahîh.”
A lawyer named Toma Andoniaki Bey from the Istanbul Bar,
gives information about Ottoman law in his book Kâmûs-i
Kavânîn (Dictionary of laws), published in 1310 [1892 A.D.] in
Istanbul, and provides further details regarding the distribution
of inherited property. A lawyer from Adana, Kasbaryan Bey,
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