22- Muharram - 1444 AH
20- August - 2022 AD
06:14 AM
(According to the official time of Mecca Mother of Towns)
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اقتباس المشاركة :
Someone Asked:
“A religious question whose answer is required directly from the Imam to be put into effect, as the heirs have agreed to implement his ruling. I hope you make sure the question is delivered, for the heirs to be convinced to effectuate the ruling.”
Question: “A woman died before her father and mother. She has children as well as (full) brothers and sisters from her mother and father. Now the father has died and his children started dividing what he left. But they gave nothing to the children of their sister, who died before her father, claiming that the father would inherit one-sixth of his daughter’s estate if she died before him. Having said that, do the children of the woman who died before her father have a share with their maternal uncles in the legacy of their maternal grandfather”
—
انتهى الاقتباس
End quote.
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May Allaah's prayers of peace, mercy, and blessings, along with the bliss of His pleasure be upon you. Bequeath here is for the grandchildren, in case of the death of the mother before her father, because they are not his children but children of another man. And they are called in the Qur’an: الحفدة /Daughter's children.
As for
the children of البنين/ Sons’ children,
they are his male children and they are ascribed to their father and their paternal grandfather till their forefather, Adam.
These are the النسب/ Sons
and their
children in the Qur'an.
However, الحفدة
are the children of daughters and are not ascribed to their grandfather but to their father in line with the Word of Allaah the Exalted:
{وَاللَّهُ جَعَلَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا وَجَعَلَ لَكُم مِّنْ أَزْوَاجِكُم بَنِينَوَحَفَدَةً وَرَزَقَكُم مِّنَ الطَّيِّبَاتِ ۚ أَفَبِالْبَاطِلِ يُؤْمِنُونَ وَبِنِعْمَتِ اللَّهِ هُمْ يَكْفُرُونَ ﴿٧٢﴾} [سورة النحل].
[An-Nahl —Chapter:20 — Verse: 72]
And what made my Lord and I angry with the nation’s scholars is that they made the bequeath be for the children of sons while they are ascribed to their father and paternal grandfather. However, bequeath is for the children of your son-in-law who are called
الحفدة/ your daughter's children, and they are not ascribed to you. In line with the Word of Allaah the Exalted:
{وَهُوَ الَّذِي خَلَقَ مِنَ الْمَاءِ بَشَرًا فَجَعَلَهُ نَسَبًا وَصِهْرًا ۗ وَكَانَ رَبُّكَ قَدِيرًا ﴿٥٤﴾} صدق الله العظيم [سورة الفرقان]،
(Al-Furqan —Chapter:25 —Verse: 54)
As for
النسب
they are the sons
and their children,
while
الصهر
are the children of your son-in-law,
who are
الحفدة
in the Quran
and they do have the right to be made a bequest according to their financial status if their mother had died before her father, in that case, it has been decreed upon him (maternal grandfather) to bequeath of his estate to them
Certainly, what aroused the anger of Allaah and I is that scholars deprive the children of the son of their legacy for the death of their father before their grandfather, lo and behold! Is it not that when their father dies their paternal grandfather will be responsible for them and when their paternal grandfather dies their paternal uncles will be in charge of them on the condition that they provide for them from their own money in case they were wealthy, but if not let them eat and provide for them reasonably and not wastefully (from the children's legacy) lest you spend it all بِدارا/ before they grow up, in line with the Word of Allaah the Exalted:
{وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ ۖ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا ۚ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ ۖ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ ۚ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُوا عَلَيْهِمْ ۚ وَكَفَىٰ بِاللَّهِ حَسِيبًا ﴿٦﴾}؟
(al-Nisa’ — Chapter: 4 — Verse: 6)
As for الحفدة/
daughter's children,
their father should provide for them not their grandfather, and here lies the difference between sons' children and daughters' children in case a daughter died before her father while she had children. For she is not the one who provides for her children but their father does, who is the in-law, whether she is alive or dead. Because her children are not like sons' children but they (daughter's children) are regarded as relatives and should be made a bequest. On the other hand, if there is no bequest and both of them are from my supporters, I do have the right to order them to give them one-tenth of the legacy, and may Allaah forgive their father.
Peace be upon the messengers and all praise is due to Allaah the Lord of the worlds
Your brother; Allaah's caliph al-Mahdi Nasser Mohammed al-Yamani.
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_________
The true clarification of the (Arabic) word
بِدارآ (Romanised: Bedara)
, which is the plural form of
بَدري (Romanised: Badry)
is to not wastefully spend money so the share of each of them (heirs) runs out early before they grow up.
________
Someone Asked a Question and Said:
