Translation Of Iddah al-Farid Fi Ilm Faraid Ahmad Ba Aqil

Praise be to Allah, the Forerunner and the Eternal, the absolute inheritor of all things.

 

Then eternal peace and blessings be upon the chosen Prophet,

 

Muhammad, the most excellent of all creatures, according to the consensus of the scholars, # and may it be upon his family, companions and followers.

 

And after all that, then knowledge is the adornment of the pious, # and a guard that protects from every fear,

 

and a guide, deterrent, and counselor, and a profitable trade for those who practice it.

 

So, stick to it and discard every thing # that breaks it, and be consistent in studying it and repeating it.

 

And one of the greatest knowledge for mankind is the knowledge by which the laws of inheritance are known.

 

It is mentioned in the Hadith that the most knowledgeable of the ummah in the knowledge of inheritance was the Companion Zayd ibn Tsabit (may Allah be pleased with him), so this is sufficient information for you to know the height of his position.

 

The person who is the guide, who is very useful like ink, namely Imam Shafi’i # in accordance with the companion of Zayd with good ijtihad.

 

So his opinion is more worthy of being followed, # because it is in accordance with someone who is described by the Hadith (Companion Zayd Ra.).

 

Take in the knowledge of Fard’idl, the nadhom “Uddatul Faridl (provision for the one who divides the inheritance), # which is guarded from any information that is difficult to understand.

 

With that nadhom, I ask from the overflow of the generous nature of the Almighty, # the good of all the physical and mental.

 

First, from the inherited property, the rights # relating to the inherited property are issued, such as mortgaged objects that have been fixed,

 

Then, the costs for tajhiz corpse # according to reasonableness, then the debt that is in the dependence of the corpse

 

And after that, the will with 1/3 of the inheritance, or # less than that for other than the heirs, the scholars’ narrated.

 

So, inheritance is the right of the one who comes to us with a cause (to inherit), # which is independent of any things that prevent.

 

The right of inheritance has three causes with no scholarly disagreement, namely kinship, marriage, and freeing a slave,

 

Preventing the right of inheritance succeeds with the difference of religion, # apostasy (leaving Islam), becoming a slave, and murder that is absolutized.

 

All heirs are 17 # from two groups (male and female), with a summarized count

 

And with an expanded count there are 25, and they are # Son, after him, his son’s son (grandson), then so continue!

 

approximately downward by purely male line # Father, and grandfather from (the line of) the father even if it continues upward

 

And a brother absolutely (sibling, father or mother), as well as a brother’s son, then # uncle, uncle’s son (cousin), all not because of the mother’s line

 

The husband, the liberating employer, and the grandmother when # she is through the line of heirs, and so are her son’s daughters (grandchildren)

 

The mother, daughter, wife and employer of the emancipating woman. # And the last count is sisters absolutely (siblings, fathers, or mothers)

 

The most concise count is already in speech, # as a wide count can be up with understood

 

Inheritance there is ‘ashabah and a clear definite share. # Then, the definite share is 6 according to the information of the Qur’an that was revealed

 

1/3 then 1/4, and the smaller 1/8, # and 2/3, 1/3 and 1/6 only.

 

So, the 1/2 share is ascertained obligatorily for the husband # if not the children belonging to the deceased who has died

 

And for the daughter when she is not with the same person (not 2 or more people) # and there is no man who ‘ashabah her.

 

And 1/2 to the daughter’s son (grandson, and below) when she is alone # (not with) the deceased’s son whose lineage is not above that of the deceased’s son.

 

And half of a sister’s share when she is alone and not with the father and his equal, and not with the son of the deceased and his equal.

 

And (belongs to) a sister with the conditions that have been passed # and added the condition that there is no brother absolutely (whether male, female, 1 or more)

 

And 1/4 is the husband’s definite share with the child who clearly # belongs to the wife. And the 1/4th share belongs to one or more wives…

 

If there are no children. # …

 

And the 1/8th share is assigned # to one or more wives with the deceased’s children.

 

The two-thirds share is the definite share of anyone other than the husband # from among those who receive the one-half share by a known number.

 

Here, the condition of the previous conditions # in the share of 1/2, not the condition of not being with the same person

 

And 1/3 is the mother’s certain share if there is no child, and there is not more than one person …

 

of brothers or sisters, absolutely! # …

 

And a share of 1/8 is assigned # to 1 or more wives who are with the children of the deceased

 

And the grandfather gets 1/3 of the remainder of the estate, and 1/3 of the estate # in some future circumstances

 

…# And the 1/3 share is the share of people who are more than one

 

mother’s son (mother’s brother). And here, for women # in the share of 1/3 have rights that are equal to men who have been specified

 

And the share of 1/6 is set for 7 people, and they are # Father and grandfather if there is a child, and for the mother

 

With children and more than one of the brothers and sisters of the deceased absolutely.

 

And the grandfather also gets a share of 1/6 when with the brothers # when he wants it after choosing.

 

And the 1/6th share for the son’s daughters (grandchildren, and below), even if there are more than one # is a definite share (when) with the daughter and the daughter of the son whose lineage is higher,

 

As long as there is no man who is a real ‘ashabahi. # And a share of 1/6 for one sister by marriage or more….

 

.. Is a definite share, (when) with a full sister # when there is no man who ‘ashabahi. And the 1/6th share is obligatory…

 

For a grandmother or more, and for one of the mother’s children, absolutely, then make it clear!

 

Know that the conclusion of the heirs who have a definite share is that they are the father and grandfather, then the husband and the mother’s sons.

 

and the fifth is the siblings in the case of Musytarakah, as well as all the female heirs except for the female master who emancipates her slave.

 

And the word “walad” as well as “far’ ” when mentioned # here with no qualifier, then it is considered an heir.”

 

So, all this order of ‘ashabah heirs, all the paths (of which there are 8) are approved # in shari’a. And this is the conclusion of the previous explanation

 

The path of the child, father, grandfather, # brother and his children, uncle

 

then the liberating employer, then the Baitul Mal. And adhere to the rule when the above-mentioned people are crowded together.

 

The rule is to give precedence to lineage, then closeness.

 

The heirs who get the remainder # with themselves are every man who is close (to the corpse) ….

 

 … whose path to the deceased is not through women, and masters who have affection. # And the law of inheritance for them …

 

 … is that one or more of them take # all the property that he can get, in shara’ …

 

…. if there is no heir who gets a definite share. If # found, then the heirs ‘ashabah get the rest of the inheritance that has been known

 

And if all the inheritance is spent # by heirs who get a definite share, then remove the heirs ‘ashabah, in every situation.

 

Take the number that describes the heirs ‘ashabah # with themselves, which is explained in an orderly manner

 

 (i.e.) the son, then after him, the son’s son (and so on, downwards), then the father #, then the grandfather with the brothers, then the fathers.

 

Then the son of the brother, then the # of the brother, then the # of the father, then the uncle of the deceased, then clarify!

 

And after him, the uncle if he is a father # then the son of both, even if the degree is further away

 

 And the son of the near grandfather when # is found, that takes precedence over the son of the distant grandfather?”

 

‘Ashabah because of others is the women who get # share 1/2 who get the rest of the property with his brother

 

Siblings or fathers # in some conditions are ‘ashabahu by the grandfather

 

The son of the son can’ashabahi the daughter of the son if #19 is as young as well as the lower, if …

 

…. his son’s daughter is precluded from her exact share If she is not precluded # then she is content with her exact share without the need for a man who is ‘ashabahi

 

The sons of brothers, uncles, and sons of uncles cannot ‘ashabahi someone, just as the master who emancipates

 

Divide the property when there is ‘ashabah because of someone else, # the share of one man equals two women, forever.

 

‘Ashabah there are those who come with others. “This ‘ashabah is the sister who is with the daughter, and likewise the daughter of the son.

 

Then, when he becomes ‘ashabah with the daughter # he can obstruct those who are obstructed by his brother

 

Then the master who emancipates, then his ‘ashabah heirs with himself. And the heirs of this employer’s ‘ashabah are ordered …

 

.. Like the order of the heirs of ‘ashabah nasab, but here # must take precedence over his brother and son over grandfather.

 

Then the employer who emancipated the employer who emancipated the employer (who used to be a slave) when found, # then his ‘ashabah heirs with themselves visible

 

Then the Baitul Mal (state treasury) which is managed in an organized manner # according to the superior opinion and patronized, so know!

 

Then, for those heirs who get a certain share through a known lineage # get a return of the remaining assets according to the percentage of their share, then given to dzawul arhaim

 

‘Ashabah there are those who come with others. “Ashabah this is # sister who is with the daughter, and likewise the daughter of the son

 

‘Ashabah there are those who come with others. “This Ashabah is the # sister who is with the daughter, and likewise the daughter of the son

 

‘Ashabah there are those who come with others. “This Ashabah is the # sister who is with the daughter, and likewise the daughter of the son

 

‘Ashabah there are those who come with others. “This Ashabah is the # sister who is with the daughter, and likewise the daughter of the son

 

‘Ashabah there are those who come with others. “This Ashabah is the # sister who is with the daughter, and likewise the daughter of the son

 

‘Ashabah there are those who come with others. “Ashabah this is # sister who is with the daughter, and likewise the daughter of the son

 

Siblings or fathers # in some conditions are ‘ashabalu by the grandfather

 

And the grandfather – without hesitation – can accompany the sister # as a brother, but ta cannot prevent …

 

…. Mother

 

For the grandfather to be with a sister or more has several circumstances that have been decided by the majority of scholars.

 

If there is no fixed share, then the grandfather gets the most disproportionate share of the equal division or 1/3 of the fixed estate.

 

Assume that the brothers are here to the detriment of the grandfather# along with the brothers if ….

 

… (the share of) the brothers is less than twice the share of the grandfather, such as the grandfather # and the father’s brother, and one sibling.

 

And divide the wealth among the brothers after taking the share # chosen by the grandfather, as if the grandfather were not present.

 

So, if there is a man among the brothers, # then he can cancel the children of the father (fatherless brother). Or there is …

 

… sister, then this sister is given a share until # reaching ‘2 of the estate, if any.

 

Or she takes a share that is less than 1/2 (if there is no 1/2), and # her share is not perfect with ‘aul. And if there is more property..

 

than 1/2, then this extra property is for the son of the # father (father’s brother), such as the problem of Zayd’s ‘ashriyyah, then clarify it

 

And if there are two sisters, then they are both given # of the estate until it reaches 2/3, or the rest of the estate …

 

… which is less than 2/3. And a sister who is many is like two sisters. # And the rest of the estate will not be more than 2/3.

 

If there is an heir who gets a definite share, # then the grandfather must take the most part….

 

 … from 1/3 of the remaining property after taking a definite share, # or 1/6 of the entire estate, or divide equally.

 

And his share will not be less than 1/6. So, if there is no 1/6th share, or 1/6th is not complete….

 

… then with regard to ‘aul with 1/6 or what completes it, # set it specifically for the grandfather, remember!

 

When there is a grandfather, the sister does not get a definite share, except in clear Akdariyyah matters.

 

The completers of the Akdariyyah issue (after the grandfather and sister) are the husband and mother. The original issue is #6, and it rises with the ‘aul…

 

So the husband’s 12 shares become 1/3 of the original issue, # which is 3. And the mother has 2 shares.

 

The exact share of the sister is 1/2, and the grandfather gets # 1/6. So, the share of both (grandfather and sister) in the matter….

 

… is 4 parts, distributed # between them. For the grandfather in this matter gets…

 

… 2/3. And the share of 1/3 is determined for the sister by Shara”. # And the information in the fiqh of inheritance is perfect.

 

Inhibiting inheritance, some of which are only to reduce, some of which are to nullify, and this is what is intended in sint, so it must be followed.

 

So, the heirs other than the employer who freed, # whose path to the dead by himself (without intermediaries), then really will not be aborted …

 

.. by someone. And they are the sons of the deceased, then # daughters, fathers, husbands, wives and mothers

 

Heirs whose path to the deceased is restricted through (intermediary) by another person # will be extinguished by him, other than the mother’s children only.

 

The absolute disinheritance of the mother’s children (whether male or female) is obligatory # because there is the son of the deceased, the grandfather and the cause of the father

 

Forfeiting the son’s daughters can be done with two daughters # if there is no man who is ‘ashabahi, even downwards.

 

Annul the cause of two sisters on the father’s daughters (sisters in law) who do not have a man who is ashabahi.

 

A close maternal grandmother overrides all distant grandmothers (whether maternal or paternal).

 

If the close grandmother is from the father’s side, then it does not override – according to the more correct saheeh opinion…

 

And the cause of the mother of the deceased is nullified for all grandmothers.

 

And when a person dies who is picked up by death # by leaving the heirs who are purely as ‘ashabah nasah,

 

then turn their heads into the origin of the problem, # and make a man like two women.

 

When you find a definite share, then make # the number of denominators as the origin of the problem.

 

The comparisons that exist 4 are : Tamatsul, # which can easily be understood by the one who calculates.

 

Tadakhul, which is when a small number # can consume a large number after the mentioned subtraction….

 

…with the same amount from it, more than once # such as 6 and 2, or (6 and) 3.

 

Tawifuq, when it is well known that there is similarity # between two numbers in one of their parts, and….

 

… the larger number is not exhausted by the smaller of the two numbers, # such as 6 and 4, then understand

 

And when the remaining one after subtraction # is taken into account, then the comparison is Tabayun only,

 

like 2 with 3, or (with) 5. # And the way to take from these 4 comparisons is …

 

 … on one of the numbers in the Tamitsul comparison. # And taking the larger number in the Tadikhul comparison.

 

And (taking) the number resulting from multiplying the wifiq of one of the numbers # in another number that is suitable and helpful.

 

And after multiplying all the numbers of one in all the numbers of the other, suffice # with the result of different numbers (mubayanah)

 

… # … And if you find…

 

a definite part or more, then look at # the numbers of the denominator first obligatorily …

 

… with 4 comparisons by doing the previous # conditions, then the result is the origin of the problem, then divide it.

 

If you see the division can be a complete result # of the origin of the problem, then indeed your work has been fulfilled.

 

The place where the 2/3 part comes out is from the number 3, # just like the 1/3 part. Then 1/4 from 4.

 

And the number 6 for 1/6, and the number 8 # for 1/8. Then 1/4 if it is with 1/6…

 

… or 1/3, or 2/3, with 1/4, which is seen. Then 1/4 with all of that comes from 12.

 

1/8 if it is with 2/3, or # with 1/6, then its origin is narrated by the scholars’. ..

 

… is the number 4 after the arrival of the number 20 (i.e. 24). # And ‘aul is in the 3 origins of the problem if many …

 

… the exact parts. So, 6 can be up to 10 # experiencing ‘aul. Then its multiple (12) can ‘aul up to 7…

 

.. After 10 (i.e. 17). Then its multiple of 6 (i.e. 24) # can be ‘aul once with 1/4 of its 1/2 (i.e. plus 3, to 27).

 

When you see a rupture occurring in (the share of) one group of heirs, # then compare all the head counts with …

 

… his share of the inheritance by the ratio of muwafagah and mubayanah # Then if you find a ratio of mubayanah, then you should…

 

… multiply all the number of heads on the original number of the problem, # as well as the ‘aul if there is ‘aul.

 

And if you find a muwafagah ratio between the two numbers, # then multiply the wifig of the absolute number of heads …

 

… at the origin of the problem, with its ‘aul if there is one. Then the number # with which the problem is solved is divided into two situations (muwifaqah and mubayanah),

 

 Such as a wife who is with six or five brothers other than those who are of the same mother as the deceased.

 

If you see that it is divided into two or more groups, and the scholars narrated that the most is four groups,

 

 such as two wives of the deceased, and two uncles, and the mother, # or they are with 5 of the mother’s children (setbu sisters),

 

 then, look at the number of heads and their share of inheritance. # Keep the number of heads perfectly …

 

. . of each group whose share of inheritance is mubayanah. # Or their shares are muwafagah, then keep the wifig perfectly!

 

So, look between the two numbers that are stored! And this one # by using 4 comparisons in total, and the previous ruling is followed,

 

i.e. taking one of the numbers of the mumitsalah, and the largest number in the mudikhalah ratio.

 

And multiplying the obvious wifiq, if there is # muwafagah, or multiplying all the numbers in …

 

mubayanah comparison. Then between the resulting number # and the third stored number if there is one. So, look at it and do it…

 

… Also in the same way as before, then between the number # and the fourth stored number, do it in the same way!

 

Keep the number that you produced from the previous count. # So, that number is called Juz’us Sahmi (juz of the share of inheritance) according to the scholars.

 

Then, judge that number to be multiplied in the original matter, even if it is ‘aul, and repeat the division a second time, then it will appear….

 

… the integrity of the calculation, so understand! And this provision is sufficient for you in this chapter, which is the science of counting, so know it!

 

Then, when a person meets his death, # and afterwards, some of his heirs die….

 

.. Before his estate is distributed, then if the second deceased does not inherit other than those who are from ….

 

… all those who inherit the first corpse # in ‘ashabah, then this latter corpse is considered …

 

… As if it did not exist at all, and this is like the deceased who left five relatives other than a mother.

 

… on one of the numbers in the Tamatsul ratio. # And

 

…# Likewise if in the heirs of the first corpse …

 

 there are heirs who get a definite share who do not inherit the second corpse, # such as the husband and two sons when these two …

 

… belonged to someone else (stepchildren), then one of them both died. #….

 

…# And if the matter is different from the past…

 

Then count for the first deceased, the first issue! And for the second deceased, calculate the second issue!

 

Then, find out the share of the first deceased’s inheritance from the first problem, # and see! If his share of inheritance can be divided on the second problem, then in …

 

… it is considered sufficient, such as both parents accompanying # Husband who left a son and daughter who really died.

 

And suppose the share of the first deceased’s estate cannot be divided (on the second issue), # then if both numbers are mubayanah, then all the origin of the second issue …

 

. . is multiplied on the origin of the first issue. And if the two numbers are muwafagah, then the wifig of the second issue is multiplied on it (the first issue), absolutely,

 

Like the husband and the parents. The husband leaves #6 sons, or leaves…

 

…3 sons brothers (nephews), and the wife. # And know that indeed every number that has been intact …

 

 … two issues of the number, it is called jami’ah. # So, everyone who is from the first issue …

 

 … gets a share, then his share is multiplied by the number that the scholars’ multiplied for him. # And those who get a share from the second issue ….

 

 … multiply their share on the wifiq of the second deceased’s share of the inheritance, # or all of it. And do it according to this provision…

 

… for the third corpse, and make the number of jami’ah for this third corpse # as the first issue, without any dispute!

 

And so on for the next corpse, absolutely. # Understand this chapter which is a difficult stage!

 

With khuntsa musyki, pregnant women and missing persons, # do (the division of inheritance) for each of them carefully and slowly ….

 

.. for their rights, and the rights of others, absolutely # And give to each of them, their rights with certainty

 

And when people who inherit each other die as in # war and the one who dies first is not known,

 

then, do not give the deceased the inheritance of the other deceased! # …

 

…# And all praise be to Allah for the completion of the nadhom ‘Uddatul Faridl.

 

Then may it be showered upon the overflowing ocean of perfection, # (i.e.) the Prophet Muhammad Saw. who is praiseworthy in the sight of the Creator,

 

The purest salutations and peace be upon him, forever, # and upon his family, noble and fortunate companions.

 

(The number of stanzas is the letter QOf (100) which accompanies the letters Jim (3), and Fa’ (80). # These stanzas are perfect thanks to the help of Allah, the One who fulfills me.