Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

distribution, one-third of the property of inheritance remains.
One-sixth of the inherited property out of this residue being given
to the third party, the half of the inherited property which was
bequeathed to him will have been completed. 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 onesixth
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.
DHAWÎ-L-ERHÂM
1 - 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 dhawî-lerhâm.
The expenses of the funeral arrangement, such as washing,
shrouding and interment, and the payment of the human debts
having been deducted from the inheritance, one-third of the
remainder is spent for the execution of the (decedent’s) will. Twothirds
of the rest are given to the closest of the dhawî-l-erhâm. The
dhawî-l-erhâm consists of five classes, which are as follows in
respect of their closeness to the deceased:
I - 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 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.
[1] Fâsid grandfathers and grandmothers are those in the female line.
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