Islamic inheritance law (Mirath) is a divine science established by Allah Subhana Wa Ta'ala that determines who inherits, who is excluded, the specific share for each heir, and the method of distributing the estate. The knowledge is derived from four Quranic verses (Surat An-Nisa: 7, 11, 12, and 176) and requires understanding three pillars: the deceased (al-mawrith), the heir (al-warith), and the asset (al-mawrooth). The estate settlement follows a specific order: funeral expenses first, then debts, followed by a will limited to one-third of wealth, and finally inheritance distribution. Three impediments can deny inheritance: difference in religion (ikhtilaf al-din), killing the deceased (al-qatl), and slavery (al-riqq).
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INHERITANCE (Mira'th) | Sheikh Ibrahim Khan | Westlands MosqueAdded:
[clears throat] >> I can't see anything.
We need a white background.
We're not using it for today.
We're not using it for today.
But we have to come with a white and black background.
Daud, can we change we use this instead?
We use this instead.
I don't like this.
Just switch switch off.
Just switch.
Keep it down.
Push it.
Push it.
Tighten it.
Daud, tighten it.
Tighten it.
Tighten this. It's going up and down.
Wait. Wait. Wait. Wait.
Put it here. Put it here. I should keep Bring it closer.
No, it's still far. Bring it closer.
Yes.
Tighten it well.
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Yeah, it's fine.
No, but they change the settings.
>> [clears throat] >> We have all the social medias on Mayman.
So.
>> [clears throat and cough] >> Say that.
>> Jays?
Ready?
No.
It's too much of the table.
It's too much of the table.
No, it's a No, too much of the upper side.
>> [laughter] [clears throat] >> We thank Allah Subhana Wa Ta'ala for all the blessings that is bestowed upon us. And we send the best of salutations to the Prophet Muhammad Sallallahu Alaihi Wasallam. We seek Allah Subhana Wa Ta'ala's forgiveness and we ask Allah Subhana Wa Ta'ala to benefit us with or grant us the beneficial knowledge and make us amongst those who will work upon whatever they learn.
A new week we start a new chapter or a new topic or we can say a new segment of the book that we have started or we started last year.
Today we have already covered up nearly five major major segments of this book.
When we say major segments of this book and it's not even five.
It's actually six.
When you say segments we're talking about a whole chapter.
We started about or we started learning about taharah. cleanliness After that we got into salah.
We covered up all the types of salahs.
We covered up all the mandatory acts of salah recommended acts of salah.
After that we got into zakat.
And we did a whole workshop of zakat.
Alhamdulillah.
After zakat we started sawm.
And then after sawm we got into hajj and we did a whole workshop of hajj.
After that we got into kitab al-jana'iz.
The book of burials and how to Or even before that we got into the book of burials, I remember. It was immediately after the last salah that was that we took. But we made it as a whole workshop.
Where we did a practical or we did practicals here.
That would change for me the microphone, please. I don't like this microphone.
The sound is very weak.
Why do they mess up the settings here?
Yeah, just fix Give me one or two.
Bismillah.
Better take this thing.
Just change this.
>> [snorts] >> We did a whole workshop of Janazah.
After finishing the workshop of Janazah, we started this the chapter of transactions.
And we covered up nearly 28, if I'm not wrong, 28 points or 28 subtopics under the chapter of transaction.
Which if you paid attention, as a businessman, it was very crucial for anyone who's doing business or even is working for someone.
We covered up so many things within this chapter that is very important for every Muslim who wants to even do transaction, any type of transaction, to actually know and understand these rules.
Then we finished that whole segment last week, alhamdulillah.
If we were doing If you If we were doing more classes rather than just doing Sundays, I think by now we would have finished the book.
It's This is the second year that we've gotten into, but we've been doing it every Sunday. Alhamdulillah.
There's some Sundays that we skipped due to either I've traveled or something.
But I've tried my best not to miss any.
Thus, alhamdulillah, the consistency has been there and it's all from Allah Subhana Wa Ta'ala and nothing from me.
I ask Allah Subhana Wa Ta'ala to accept the few >> [snorts] >> efforts that we put in to teach.
And I ask Allah Subhana Wa Ta'ala to accept your efforts for sitting here, coming all the way from your homes, coming for salah and then sitting and listening to these lectures.
Today, we are starting a journey to understand the Islamic inheritance law.
Islamic inheritance law.
This knowledge, the Prophet Sallallahu Alaihi Wasallam said that it will be one of the knowl- one of the knowledges that shall vanish when it gets too close to the time of the hour. Or it will be one of the knowledges that will vanish very quickly from my ummah.
Now you ask a person basic rules concerning concerning uh what do you call this? Inheritance?
And they don't know.
And on top of it, you might see someone who doesn't know about inheritance, but would still force it or force people to accept their narrative of how the inheritance should be divided.
Not understanding that the severity of this thing.
All the other knowledges that or many of other knowledges that we know of such as the one we finished the book of transaction some of it is derived from Hadith some from the Quran and some it's the understanding or the deeper understanding of the ulama some are known as ijtihad al-ulama the efforts of the ulama who did and who went an extra mile to understand it a specific way where no one knew a rule no one knew a certain ruling of a certain issue in maybe transactions Are we together?
But inheritance the one who who set the amount to be divided or how the how should the inheritance be divided precisely is Allah subhanahu wa ta'ala himself.
So it's not something to joke around with.
It's not something to joke around with at all.
Cuz the one who set these rules is Allah subhanahu wa ta'ala and he set them precisely very few cases in the book or the in the in the knowledge of inheritance has been brought has been explained by the Sahabas for example. We have a masala known as mas'alatul umariyyatain or umariyyah.
We'll get into it once we reach there.
But when you see the way it has been set by the ulama or the way it has been explained all of it goes back to what? The way Allah subhanahu wa ta'ala actually divided and actually ruled how the inheritance should be divided.
We usually, before we start any topic, we have something known as muqaddimah.
An introduction to this specific knowledge.
So, those who have come here with with their books, take notes. And for those who haven't come with their books, you have to take notes in your phones. Don't just sit and listen. This is not a muhadara. These are lessons.
If you do not take notes, you shall not know what is coming next.
You shall not understand what is next.
It will confuse you 110% sure.
This specific knowledge, why am I emphasizing on this? This specific knowledge is not like understanding salah and so.
It's a complicated no what do you call knowledge. So, if you do not take notes from the start and you do not understand the basics, the introduction to this knowledge, it shall be very hard for you to actually later on do the calculations and divide what? The inheritance. Because we will have practicals here. We have the projector.
Next week, if someone can come with a backdrop, please come with it because it was not showing. If you can come with a backdrop, set it up here, it shall benefit the ummah. Something that can be portable for us in our dawah works, bring it, it will be better.
Something that has to have a backdrop back black ground sorry, black background with a white shade on top. I think if you go and search about it, you'll know inshallah.
But anyhow, today we don't have practicals of how to divide inheritance, but we'll take majority or everything that we need to know as the introduction to this knowledge.
The first thing you need to know about is or are the definitions.
At-ta'rifat.
So, if you're taking notes, write this thing down or write these wo- these information down.
The linguistic definition of far'id, what is far'id?
What is this knowledge?
The linguistic definition of it is Far'id is the is the plural of farida.
Far'id, inheritance, is the plural of what? Farida.
And farida is derived from a word known as al-fard, meaning to cut.
Al-fard means or it means to cut.
Are we together here?
Or to determine.
So, I'll start again. The linguistic explanation of far'id is far'id is the plural of what? Farida.
Which farida derived from al-fard, meaning to cut or to determine.
As Allah subhanahu wa ta'ala said, then half of what you have determined.
Are we together here?
So, we know linguistically what does it mean? It means what?
It's a plural of fard of farida, which is derived from the word known fard.
The meaning of this word fard means to cut or to determine.
Or before we get to the the technical definition, We take some A scholar is saying of Uh Al Imam Al Zarkashi >> [snorts] >> It is called far because it is a determined portion that the law giver has cut out of the heirs the of the heir Al Manthur And this is mentioned in Al Manthur fi Al Qawaid.
The law maker is who? Allah Subhana Wa Ta'ala.
It's mentioned far because it's a specific portion determined to be given to specific individuals. [snorts] Are we together now?
Now we're coming into the technical definition or into the Islamic context.
What does What does faraid mean?
Faraid means or we can say istilahan Or I have Or I have Let me repeat again.
In the Islamic context, it means this knowledge is the know is the science through which we identify who inherits. Write that down.
In the Islamic context, this is the definition that you need to really understand. The linguistic definition can have different meanings to it.
But the Islamic context meaning to it, the definition of it in the Islamic context is the most important one.
So, istilah yani in the Islamic context, the technical definition is this is a science through which we identify who inherits, comma, who is excluded, put a comma, the specific share for each heir.
Heir you you write it as h e i r, huh?
Heir.
English is a very weird language, huh?
Air is written as a i r if it's that air that we uh the the air that we we uh we breathe, right?
And then also, heirs are the ones who are supposed to or who are your in inheritors, they're also called heirs, but you how do you write that down? h e i r.
But you have to pronounce it as heir.
So, the h is silent.
All right?
So, where have we reached? This is a science which we identify who inherits, Afwan. This is the science through which we identify who inherits, comma, who is excluded from the inheritance, comma, the specific share for each for each heir, and the method of distributing the estate.
And the method of distributing the estate.
And the method of distributing the estates.
Have you written down the technical definition?
Or should I repeat it once the last one last time?
All right, let me repeat it one last time. Take your notes, huh?
The technical definition of mirath is what?
If you want the Arabic term is you have to be many of it for men liar it.
What make that all? Cool Lou.
What make that all money cool you want it? What can you feed the what can you feed the kiss me the terica?
The translation of this of this is this is or that this is the science through which we identify who inherits, comma, put a comma. Don't write a whole word comma la.
This is the science through which we identify who inherits, who is excluded, the specific share of each heir, and the method of distributing the estate.
In Kifayatul Akhyar, which is a book that elaborated or explained the book that we are usually going through Matn Abi Shuja, it's mentioned Al who are going to be able to get some of the things that we are going to get from the book and the terica. It is said in Kifayatul Akhyar, it consists of the jurisprudential and mathematical rules used to reach the knowledge of each heir's right in the estate. So, we've already explained it in the technical definition. It's okay.
Now, I want you to write down the evidences from Quran that talk about this specific knowledge.
There are only four ayahs in the Quran that explains how to divide the inheritance.
There are only four ayahs that explain in detail how to do what?
Divide inheritance.
The first ayah is verse number seven to simplify it for you.
Surat An-Nisa verse number seven.
The second one is also in Surat An-Nisa verse number 11.
The ayah starts as in the end of the ayah.
So, the first ayah, which is the the seventh ayah of Surat An-Nisa, this this ayah talks about the general rights of dividing inheritance.
The second ayah, which is the 11th ayah of Surat An-Nisa, this specifically focuses on the children and the parents.
Until the end of the ayah.
The third ayah is the 12th ayah of Surat An-Nisa still.
And this specific ayah talks about the division of inheritance between spouses and maternal siblings.
So, when you open Surat An-Nisa, not the first page, the second page is on the first ayah and the last ayah of the page. When you turn the page, it's on the first is the first eye of the third page also.
So, number what? 7, 11, and what?
Uh, 12.
And then the fourth one, and this is the final verse that is still in Surat An-Nisa.
Ayah number 176.
Allah Subhana Wa Ta'ala mentions here and starts the ayah with Yastaftunaka Qulillahu Yuftikum Fil Kalalah.
Any Mar'un Halaka Like until the end of the ayah.
In this specific ayah, it talks about the Kalalah. Who are the Kalalah?
The ones who do not have fathers or parents, Afwan.
And above and those who don't have kids and below.
Kalalah is a person who does not have parents or those who are above their parents. Who are above the parents?
Uh, who are above the parents?
Grandparents.
And they don't have kids and grandkids.
What is the ruling if a person dies and has none of these two categories of people in their lives?
They're also not there. Maybe the parents have died as mentioned and he did he never had kids.
Are we together? So, these four ayahs are the main ayahs that explain how to divide inheritance.
Now, I want you to write down the primary Hadiths where you can get them that talk about the division of Mirath.
The first one is in Sahih Bukhari Hadith number 6,732, but that depends on which copy of book you're using.
To be safe, go to the index and look for the topic of inheritance to make it easy for you.
In this Hadith, the Prophet Sallallahu alayhi wasallam talks about the fixed share for each person and the residue.
What is remained after the people who have fixed shares, they've give they've been given their wealth, and what is the residue? What is remaining? What is it to be done and who is supposed to be given? The Prophet Sallallahu alayhi wasallam The Prophet Sallallahu alayhi wasallam says, "Give the fixed shares to those entitled to them.
Whatever remains goes to the nearest male relative."
You might not be the nearest male relative to the person who passed away, so don't be quick and say, "I think I also deserve that inheritance from my certain uncle." Relax.
Maybe there's someone closer than you to that uncle.
To that uncle. Are we together?
The second Hadith is in Sunan ibn Majah, Hadith number 2,719.
The Prophet Sallallahu alayhi wasallam here emphasizes the status of this science.
The importance of learning this specific science.
The Prophet Sallallahu alayhi wasallam said what?
The Prophet Sallallahu alayhi wasallam said, "Learn the fara'id and teach it."
This is an order from the Prophet Sallallahu alayhi wasallam, meaning it's a great blessing for a person to do what?
To actually get this knowledge, and it's very important for people to learn it.
>> [snorts] >> So, the Prophet Sallallahu Alaihi Wasallam said, "Learn the fara'id, the knowledge of inheritance, and teach it.
For it is half of knowledge.
For it is half of knowledge.
The Prophet Sallallahu Alaihi Wasallam said, "For this knowledge of inheritance is half of knowledge, and it is the first thing to be forgotten, and the first thing to be taken away from my ummah."
That's why it's very important for us to do what?
To learn this specific science.
Do not leave it for the sheikhs only.
You as a normal person, as a as an ami, as a as a normal citizen, as long as you're a Muslim, this concerns you.
Are we together? And the Prophet Sallallahu Alaihi Wasallam would never tell us to do something that has no benefit to us.
He knows that it has benefit to us, that's why.
Doubt.
Little bit.
Understand?
Are we together here?
The fourth Hadith.
The Prophet Sallallahu Alaihi Wasallam here talks about or I think this I shouldn't mention until we get to that point.
There are many several Hadiths, but the the Hadiths, but these were the sort of like the main ones, and I wanted to cover them up a little bit. But, let's start al-huquq al-muta'alliqah bi tarika. Now, we're going step by step.
The first two Hadiths that I mentioned are very crucial for you to understand.
The other Hadith concern some issues that we are going to learn right now.
So, I will bring that those Hadith and it's important for you to write them down.
Now, we're getting into something known as in the Arabic term as al-huquq al-huquq al-muta'alliq muta'alliqah bi tarika.
Rights related to the estate.
When we say estate, means any ever everything that was left behind by the person who passed away for that has to be or that is supposed to be inherited.
Are we together?
When we When you see When you hear me saying estate, just understand that this is what is supposed to be or what is left by the person who has passed away that has to be divided in in into inheritance.
Are we together?
It has to be in order.
Order of what? Priority across and it's mentioned across the four madhahib, four madhhabs. Imam Malik, Imam Ahmad, Imam Imam Abu Hanifah, and Imam Shafi.
These rights related to the estate are set in order of priority.
The first thing when a person dies that we are supposed to do using his own wealth is known as tajhiz al-mayyit.
Which means funeral expenses.
A person might say, uh doesn't he have family?
If the whole family doesn't want to give money for the funeral expenses they're not held liable and they are not sinners if the person had his own wealth. But if the person had nothing and the families have the ability and they don't do it this way they become sinners.
And this doesn't concern only the the family only, for your information. This concerns every Muslim. That's why when we were learning about Janazah here, we talked about it. We said Janazah is what?
Uh, fard al-kifaya.
It is a fard that if some do it, the rest are not held accountable.
That is what fard al-kifaya means. Fard al-ayn means everyone is mandated to do it. Fard al-kifaya is like if some if a Muslim dies, he doesn't have any family members, but you Muslims who are around him know that this is a Muslim. If none of you stood up and say that we have to cater for the funeral expenses and wash this brother or sister and go and bury this brother or sister, then all of you are held accountable in front of Allah subhanahu wa ta'ala.
But if you guys are 100 people in this community, 10 of you say that we will cater for this, they took the deceased person, they washed him, they they they coffined him, and they also prayed on him or her and buried him or her, then the rest of you are not held accountable. Are we together here? That is what fard al-kifaya means. Fard al-ayn is something that is mandatory upon everyone.
Like what? Salah.
If the people living around here in Westlands Muslims are around 10,000 Muslims, let's just say.
And only 5,000 came forward and prayed.
Does it mean the rest of the 5,000 are not held liable and not accountable for it?
No, they will be because salah is for the end.
It's mandatory upon every Muslim to pray.
So, the first thing is done after a person dies from his wealth is the disease of the mayat.
The funeral expenses is taken out of what?
His wealth. That's the first thing done.
Here you haven't even divided the inheritance.
Are you together? This covers up the digging of the grave, paying the people who are digging it, buying his coffin, or if you guys are washing him yourself, then here if not, the person who's washing the mayat.
Do you get my point? The transportation if it's paid for.
These days I have to we have free transportation around.
Those are the main expenses of a funeral of a Muslim. Very simple. We do not have coffins. We do not need to spend millions and thousands of shillings in buying a specific coffin.
We are not supposed to dig someone's a Muslim's grave for him like a grave and then we start tiling it the way the others are doing.
Some puts specific types of tiles, some put marbles, and some even buy coffins made of gold and silver.
Yeah, that person died in kuffar.
Even if you carry you take him with a spaceship, he's still getting a dub in the cover.
Cuz he didn't die with what? La ilaha illallah.
But a Muslim when a Muslim dies, you know, this is a near man even I even the non-Muslims you'll see them online talking about this.
We really admire Muslims the way they conduct their funerals.
A person even if you're a minister, even you're even if you're a president, all right? Even if you're president, you're died in the morning hours.
If there is no emergency that they need to delay your your your janazah, you'll be buried by the whole time in midday.
There is no event. There's no doing this and that, or keeping for 3 days for people to come and see him or her.
Nothing of that sort.
Or leaving a dead a deceased person in a freezer, spend so much money paying the mortuary, and the body is decomposing until the person is not able to be known as if they were before when they were when they were alive.
In in Islam, they even admire the way we do it quickly.
Why? As out of respect for that person who's passed away.
Number two.
Settlements of debts.
Number two is settlement of debts.
Kindly give me my book, the blue one.
And where's my water? My neck is dry like the Sahara desert.
Or my throat, after.
Oh, yeah, that one. Just that.
Here, why I asked for this book, I remembered something which concerns the debts.
There are two types of debts, huh?
Yeah. Bismillah.
Number one, we said what is it? Funeral expenses. Number two is a deon, settlements of debts.
In this specific segment of debts, the one with my water.
water Oh, sugar.
Forgive me.
Brother Abdullah is generous, very good.
>> [clears throat] >> Let's give them free advertisements, man.
They had sponsored us when we went We remember there's a time when we were doing lectures and we paused, I went to Uganda with Sheikh Assim al-Hakeem.
I remember when we were there, they sponsored our meals throughout the time while we were there. Mashallah, it was very good.
So, one of the things that I got from there was this.
Alhamdulillah. May Allah bless them and put barakah in their business and make it easy for us to also have successful businesses, I mean.
halal Now, when it comes to the second part the second point about debts settling of debts There is two or there's a difference of opinion between ulama.
The three aimmah, they go for the debts of Allah subhanahu wa ta'ala come see they it comes first and then the debts of people Afwan afwan, sorry sorry. They priority They prioritize debts to Allah like zakat and hajj and debts to people equally or prioritize Allah's rights.
But Hanafis, they prioritize debts to people, debts to Allah are only paid if there is a will if there is a will.
That's what they say.
So, Maliki, Shafi'i, and Ahmad madhab of Imam Ahmad ibn Hanbal, they prioritize what? The debts of Allah subhanahu wa ta'ala first. If this person was supposed to be giving out zakat, that is a debt on his neck.
People think zakat is something just like sadaqa, right? No, it's not.
There is a debt. If you did not pay zakat last year and the year before it and the third year is coming by, you have the debt of Allah subhana wa ta'ala for the 3 years. You have to calculate how much it is.
And you have to be precise how much you have to give up.
Are we together? Zakat is not something to play around with and this concerns people only who are able to or who have reached of giving out zakat.
Are we together? So, be very careful.
You count your calculate your zakat every year and you do not mess it up.
You give it out and forget about it so that you are not liable and held liable or held accountable in front of who?
Allah subhana wa ta'ala.
But, in settling of debts, the they say the first type of debts that you need to sort it out are the debts that people are inquiring for. Let's say he has to pay back someone 10 million shillings.
Are we together?
So, they say the first one is you owe me You can have two types of debts.
You remember we talked about loan?
Who remembers loan here?
Collateral.
When we are talking about the transaction 2 weeks ago or it was last week.
Yes, last week and we talked about Rahan.
When you want to take When you want to take a loan, like let's say 10 million, then I tell you I'm giving you this cup which is worth the same amount or even more.
Then I need you to give me the 10 million as a loan. I'll pay you back.
So, that is a loan that has what? A collateral. And there are those loans that a person has taken doesn't have a collateral.
So, that collateral might be more pricier.
If we pay it first, we can get the collateral and pay the rest with that collateral remaining. But, if we just pay off the debts of the people who just need to be paid back without them having a collateral for this person who passed away, we will be remained with nothing.
Do you get my point here now?
Two types of debts. I'm repeating it. I know this is a complicated knowledge, so bear with me.
My name is Ibrahim.
We have Daoud.
And what's your name?
Uh.
I can't hear you.
Hm?
Everyone is whispering. I want to know his name.
Salman. Mashallah. I want you to get rid of that shyness when you must in madrasa or in class. All right?
So, our young student here, Salman.
I have taken a loan from Daoud of 10 million.
I gave him this as a collateral which is worth around 15 million.
Are we together?
And then I took another debt and another loan from who? Salman.
Which is worth 7 million, but he didn't take any collateral from me.
So, I have two debts. One has a collateral, the other one doesn't have a collateral.
Let me not give the example of myself.
Let me give me an example of Muhammad behind me. There's no Muhammad, but just say because we're talking about the people who passed away now.
So, Muhammad is the one who took a loan from who? Dawood and gave him a collateral of 15 million and took another loan from Salman and never gave him any collateral, which is a 7 million loan.
So, he has to pay both of them, but the Muhammad passed away now.
So, now me as one of the inheritors of Muhammad, let me take myself as an inheritor now.
All right?
What should I do first?
The money that Muhammad left back, should I pay it to who?
Should I pay off Salman and then still look for other money to to pay Dawood or should I pay Dawood first and take the collateral and be able to pay Salman also?
I'll start with Dawood.
Because if I pay him the 10 million, I'll get back how much? Something worth 15 million.
With that 15 million, I can still take the 7 million from it and pay off Salman and the money we shall remain, we can divide it amongst us as an inheritance.
Is it clearly understood now?
So, the first thing you do when a person dies is his funeral expenses from his own money.
If his family is paying for it, alhamdulillah. But if there is no one to pay for it, then it it's taken from his wealth. Number two is what?
You repay the loans that have a collateral.
And then you you'll be able to pay the loans for the rest.
Are we together here now?
I hope I I'm really going slow. I hope you guys understand. Halas. Alhamdulillah. Now, the third or sorry, the fourth part or sorry, the third one is you follow the deceased person's will.
That is a very tricky question.
That is a very tricky point. A person might say if a person has written a will, then how do we divide the inheritance? Islam has limited that.
Islam limits how much you're allowed to write down as a will.
Why? Because it knows if a person is given the right to give out everything of his under his will, he shall not be justice. He shall not be just.
The only one who's the most Uh the the only one who can be the The only one who can be the most just is Allah subhanahu wa ta'ala.
That's why he divided what? Or that's why he he explained how we should divide our what? Inheritance.
One of the biggest problems that we have in our society is when people do not want to follow the way Allah subhanahu wa ta'ala divided inheritance for us.
They want to follow their emotions or they want to follow what? Number two.
They want to follow the rules and laws that are not Islamic when it comes to inheritance.
That's where we have problems in our society, in our families.
The third biggest problem that we have in wiratha in in mirath is that people emotionally manipulate or blackmail the ones who are asking for their hak when it comes to the inheritance.
>> [snorts] >> Oh.
It hasn't even finished 40 days and you've already started asking for the inheritance. You don't you have a heart?
Yeah, I just want to say that who told you we have to wait for 40 days?
Inheritance can be divided the second day after the death of the person, immediately, and there's no shame on that. Why?
Because whatever is left of the person who has who has passed away is not his anymore.
It belongs to the people who are entitled to inherit.
Muslims should wake up and stop this habit of manipulating people emotionally every now and then.
And so many of them are the oldies who have we we still have them. They're the ones who are actually causing the biggest problems.
A family is living in misery.
They can't even or yani They can't even afford basic stuff. And they have so much prime land in the city, but they cannot get it because one or two of the people in the family are emotionally blackmailing the rest of the family members who are supposed to get the inheritance. Oh, he bought it long ago.
We have to respect his decisions. Yeah, he bought it then. Now it's not his.
He's in his grave. Divide it. Sell that land and give everyone their amount.
Stop this idea that, you know, he bought this land with all with all the love for this area. So, what do I do? I don't love that area, man.
Divide the inheritance. Let everyone have their half.
Something that cannot be divided, that's when you come to something known as sulh.
Do you get my point here now? So, the biggest problem that I've noticed in in the in in our in the in the ummah that we that we that we are in currently I mean the generation that we are in currently at the moment is people make you feel as if you had less love for the person who passed away just because you're asking for your portion of your inheritance.
The fourth thing that you should do then after this or before we continue with number four al-wasiya in when you write a will, you're only allowed to give out a third of your wealth.
So, number one, when you die your funeral expenses is taken out from your own wealth. Number two is what?
Paying off the debts. Number three is what?
Wasiya, your will.
Your will is limited only the only amount you're allowed to give out is a third of your wealth.
That's it.
And you're not allowed to write a will that a third of your wealth should be given to a specific son of yours or to your father or to your mother because they have specific portions that they should be getting it.
Do you get my point here now?
So, if Muhammad dies, he has children and he has a father and a mother.
And then he has an uncle. The uncle is not entitled to inherit there because these other family members, they do something known as Yakhji Bunahu, they cover him.
Cuz they're the closest to the person who's passed away.
So, the uncle is not a direct what?
Inheritor.
If the Muhammad had written in his will, "A third of my wealth which I have 100 million should be given to my uncle Khalid."
After the first two steps have been sorted out, which was what and what?
The expenses of the funeral and the loans have been paid off if there was any.
After that, what is remaining, a third will be given to who?
That uncle. Then you start dividing the inheritance.
Are we together?
Thummal Mirath. So, number one is Tajhizul Mayyit. Number two is Ad-Dayn wa Yunqasimu ila Qismayn. Daynun Muta'alliqatun bidhimmatil Mayyit wa Daynun Muta'alliqatun bi'aynit Tarikah.
The third one is wasiya and it shouldn't be more than a third.
And the fourth one is what? Now is when you divide the inheritance.
When we follow this, we will not have a problem in our society. We will not have problems in our families, trust me.
But the problem that we might have is when you see everyone is okay that we want a shake, we want a coffee to divide for us our inheritance, one stands up and says no.
I want the court of law.
These days if you take the case to the courts, they'll send you to the coffee because this is an issue that supposed for Muslims, huh? This is an issue that is supposed to be sorted out in what?
The coffee is good.
And an advice to the coffee is be very just when you divide and be a person who is not going to delay or lean on one side.
Be just, balance it.
Make sure you follow the way Allah subhanahu wa ta'ala divided the inheritance, period.
If you divide it differently, it is on your neck.
Be very careful.
Are we together here?
Clearly understood?
Now let's get into the five pillars or conditions and amendments al-arkan wa shurut wal mawani.
We start with the pillars.
These are the pillars of inheritance.
How many pillars are there? Three.
Al-mauruth or afwan al-muwarrith al-warith al-mauruth.
These are the three pillars of inheritance, meaning if these three things are not there, there's no inheritance to be divided.
So if you're writing down your notes, write arkanul irth which mean which which translates to pillars of inheritance. Number one, al-mauruth or afwan al-muwarrith the deceased, meaning you cannot inherit someone while they're still alive.
They have to be deceased.
Are we together?
Number two.
Al-warith, the heir, h e i r, the one who is supposed to what? To inherit.
That's the second what?
Pillar. The third pillar is what?
Al-mawrooth, the asset that is supposed to be inherited.
So, the first one is what?
The deceased. The second one is Salman.
You're slow. Taking notes, you're taking from your dad now, huh?
>> [laughter] >> I hear you. The second one, Ahmed.
The heirs, yes.
The one who's in who is supposed to inherit from the deceased person.
Number three.
Amash.
Huh?
>> [laughter] >> The assets, yes.
So, the three pillars of what? Of mirath.
The first pillar is what? The deceased person. You cannot inherit a person while they're still alive.
This will come or there's a topic here later on will come is known as al-mafqud.
The one who got lost, we don't know where he is. Is he dead or is he still alive?
We'll get into it when it gets complicated. Don't worry, have sabr.
I might make your hair go gray.
Alhamdulillah.
So, the pillars are three. The deceased, the heir, and what? The asset.
>> Conditions now, sure looks.
Conditions of inheritance.
Witness or legal life of I don't know I don't know. Death of more than witness or legal.
>> [snorts] >> We're talking about what now? The first one was what? The pillars. Now we're talking about the what?
The conditions, huh?
Where Where did your book go?
Someone took it. I got tired of taking notes, huh? Mashallah.
Okay, these are the conditions. Number one is what?
You cannot inherit until the death of uh the the death of the person who is supposed to be inherited.
It's either witnessed or in legal terms.
>> [snorts] >> Number two.
Life of what is the heir?
Must be alive at the moment of death.
Must be alive at the moment of death.
The person who is supposed to inherit.
Knowing how to divide the inheritance.
Number two, when we said life of the one who has supposed supposed to inherit what? He is supposed to be alive at the moment of death. What does this mean?
Mohammed is the one who died.
Khalid is his son.
Mohammed has Khalid and Ahmed.
For example.
Mohammed dies.
He leaves back two sons.
At the time of the death of Mohammed, only one of his sons was was alive.
Ahmed. Khalid had passed away before his father.
Khalid does not inherit.
Are we together here?
Clearly understood?
Mohammed, Khalid, Ahmed. Mohammed is the father.
Then we have Khalid and Ahmed.
Before the death of the father, Khalid passed away, one of the sons.
Ahmed remained. He was alive. Then Mohammed died, who is the father. He died.
But when he died, one of the sons was dead already, right? So the only one inheriting will be who?
Ahmed, not Khalid, because Khalid had passed away before his father.
You cannot say that, "Okay, we will give the portion that was supposed to be given to Khalid if he was alive to his kids."
Are we together here?
Am I understood?
It's getting complicated, huh?
That's the fun part of it.
Let me repeat once again.
Mohammed is the father.
Khalid and Ahmed are the sons of Mohammed.
They lived happily together.
As father and child and as father and his kids.
Khalid passed away.
Ahmed remained and Mohammed, the father, was still alive.
So Khalid, the son, passed away before the death before his father.
Are we together?
Then later on the father passed away is Muhammad leaving back who is still alive only Ahmed. So the only one who's going to inherit is Ahmed and sorry Muhammad will be his son Ahmed and not Khalid or his family.
No.
Mhm.
Mhm.
Mhm.
Yes.
If now that is a that's a different scenario.
You still had you still was was alive when you when your father dies even if you're in a coma but you're still breathing you're still not artificially kept alive.
That's what you have to you have to mind. If you're artificially kept alive meaning some people are dead Yeah, no there's some some people if you just remove that they're gone that means they were not alive it was just artificially kept alive for the machines to work and for the hospitals to actually make money out of you.
That's why we mentioned here.
We said the life yani witnessing um afwan the the the person who's supposed to inherit must be alive either by you witnessing it or legally it's it's known that this person is alive.
Do you get my point? Not everyone who is in a coma is in life support machine.
Some people are in a coma while they're still normal they can't do anything.
Some can even hear.
Do you get my point here? So here we've mentioned that they're what?
The the conditions the number one is the death of mawrith which is the one who's supposed to be inherited.
Number two the life of warith and number three is what?
Knowing how to divide the inheritance.
These are the conditions. So we started with the pillars.
There were three. We continued with the conditions and now we're getting into asbab al-mirath.
Asbab al-mirath is known as the reasons that will make a person be an inheritor or be a be an heir.
Reasons that allows a person to inherit from someone.
There are three also.
Number one is al-wala.
The first one is if you set free a slave.
There used to be slavery and we still have until now it's going on somehow in West Africa a little bit in one of the countries. I think uh Mauritania still there. They still have slavery going on.
A little bit and I don't know which other countries.
But anyhow, that's a different topic, huh?
Don't crucify me about slavery.
For your information and this is something I have to clarify.
The slavery that happened in Arabian countries was way different than the slavery that was done by the people from Europe and far east.
Sorry, far west.
You shall never see a clear-cut picture of an Arab Muslim with a slave or them hurting or punishing a slave.
But you'll get videos and pictures of the West hurting, slashing, and killing slaves.
And they teach kids on in school that how much of these people have come with democracy and all this and change the world but shall never but shall talk badly about the Arab countries that these Arabs they took our forefathers and made them slaves and all those things. No.
Now look at it this way. People were asking, where did the people who became slaves, where did they go in the Arabian countries? First of all, for your information, not only Africans were enslaved.
Let me poke the bubble.
Not only African countries was enslaved.
Even Europeans were slave enslaved.
When they went to battle with the Arabian countries, with Persians, when they would fight, some would be captives. They're made slaves and that's how slavery started.
Are we together here?
So not only African countries were enslaved. The thing is that the African countries that were enslaved, they were enslaved mainly by the people from Europe and the overseas countries on the west side.
That's why you see a big number of native Africans who when they go deep down looking for their ancestral home and their bloodline, it brings them back to Africa. They were taken there as slaves.
And that was not with that because of a war or something. They would just come and do what? Colonize a country.
Just like that.
They would kill and don't care about anything.
And after so many years now they want to talk about human rights. They're the advocates of human rights.
Not at all.
They're the most pathetic people actually for information.
In Congo and now they have go and do a research of it. They have a certain type of chocolate. I think it's in Belgium or France.
And I'm mentioning the countries, don't feel shy.
They used to cut the hands off I think the kids or the adults.
And that was something that they would do of an enjoyment.
And now they have specific types of chocolates which is sold and actually made in I think Belgium or France if I'm not wrong.
The history behind this is sinister.
It's very bad.
Can you understand here my point?
So people shouldn't be lied to by these guys. Oh, they're coming now, you know, we're helping you guys to set up your country. La. These are the people who enslaved our forefathers here in Africa.
And unfortunately, our own leaders you will see them going down on their feet. Why?
Why don't you come to the same level with them?
They need Africa more than we need them for your information.
Africa We are very rich here.
But unfortunately, because of the corruption, because of the the the things that are continuing here, you will see all our goods, all our minerals are being taken in peanuts here and they go and enrich themselves out there. They would take goods from here which are coming from the earth.
Go and process it and come and sell it for us in an expensive package. Why?
Why don't we be self-sufficient?
We as Africa is an African country, we are a very rich country.
As a very We are a very rich continent, afwan.
Go to Congo. Has types of gemstones that you will never see them in anywhere in the world.
There's a type of stone in Tanzania, Tanzanite. You don't get it anywhere in the world.
The biggest problem that we have in these countries that we live in, our African countries, biggest problems that we have is corruption.
And anywhere there's corruption, there's poverty.
Anywhere there's corruption, there's crime.
Anywhere there is corruption, there is no baraka.
And that is a fact.
Are we together?
After the adhan, we shall finish the last part of what we want to talk about, and then inshallah we'll continue with the uh the topic inshallah next week.
Allahu akbar.
Allahu akbar.
Allahu akbar.
Allahu >> [singing] >> akbar.
Ashhadu an la ilaha >> [singing] >> illallah.
Ashhadu an la >> [singing] >> ilaha illallah.
Ashhadu anna Muhammadan rasulullah.
>> Ashhadu anna Muhammadan rasulullah. [singing] Hayya alas salah.
Hayya alas salah.
>> [singing] >> Hayya alal falah.
Hayya alal falah.
Allahu akbar.
Allahu >> [singing] [snorts] [snorts] [clears throat] >> Now, bismillah rahman rahim.
Resuming here, we're getting into a segment known as mawani al-irth, impediments or impediments.
These specific things or these specific rules apply for a person who was supposed to inherit to be denied inheritance.
Before we get into mawani al-irth, I'm sorry. I'm sorry. We hadn't finished asbab al-irth, right?
Thank you.
>> [snorts] >> Three things shall or three things allows a person to be an an heir, meaning an inheritor.
A person who is supposed to inherit.
Number one is al-wala. If you freed a slave, someone was having a slave and you paid off the ransom and freed them, tell them, "You have left you free for the sake of Allah subhana wa ta'ala." When they die, you inherit them in total.
If they're free, they'll start doing business, they become wealthy and all that, you can inherit them.
Are we together here?
Not in total half of it. If they have he has a family later on that's different.
But you can inherit them if he doesn't have any family members fully.
We'll get to explanation about it later on.
So let's say Bilal was a slave.
And then someone freed the slave and said you're free for the sake of Allah, I've freed you.
From this person, I've paid off your ransom and you're free. Then when he dies and if he has no family members completely, you will be the the sole inheritor.
Yeah?
And if you what?
We'll get into the calculations later on. This is to keep you on toes so that you come for the next lecture. I know you.
>> [laughter] [snorts] >> Number two.
An-Nikah.
When people get married, they're still in marriage.
That is one of the reasons that a person is given inheritance and it has a specific portion.
Meaning there is a specific portion for set for the spouses.
Your husband can inherit from you as a wife and a wife inherits from who?
The husband.
I don't want to say how the percentage now, that is for next lecture.
The third reason which allows a person to be an an inheritor is an-nasab. If you are related to that person in your bloodline such as you're the son, you're the father, you're the grandfather, you're the mother, you're the grandmother, you're the uncle and all that.
Some cover the others, depends on how closer you are to the deceased person. So, Muhammad passes away, has a father and a mother, and has two kids, a boy and a girl, and has brothers. This Muhammad who passed away has brothers also.
The brothers don't inherit anything.
The ones inheriting is the father. The father gets a sixth.
The mother gets a sixth also.
The son gets two over one.
Meaning, whatever the daughter will get, he will get double of that.
And we'll come and explain why is it like that. And is it always like this that the daughter gets a half of what the son gets?
It's always like this if the son is not there.
But if it's only daughters, they get more percentages.
And there is hikma behind this, wisdom behind it.
The son who is being given more than the daughter is because the son, when he wants to get married, he gives out what?
Dowry. He looks after the family. The daughter, if she gets married, she gets the inheritance. No, she gets the dowry and she gets taken care of by the husband.
You see the difference, the wisdom behind it? It's not like the Islam is not just.
When you think of it that Islam is is is in is uh what do you call um Allah musta'an is a religion or has rules that are in injustice, then it be careful. It will it will take you out of the the fold of Islam.
Learn your deen first. Don't be quick in jumping into conclusion.
Remember that word, that empty cans make a lot of noise.
Empty cans make a lot of noise.
So, if you put a a coin in a can and you will shake it, you'll hear the noise.
But, if there is no coins inside of it, you only have notes, you shall not hear noise out of the can.
That's the same thing when a person does not think before he utters, they create bigger problems in the society.
So, we have said Asbab al-irth thalatha: al-wala, an-nikah, an-nasab.
Those are the three reasons a person is given or is allowed to be given inheritance.
Aside from these three, none.
A question might come.
If you adopted a child since they are a baby, like an infant.
Even if your wife breastfed your child, and you become the mahram of the child.
Now, does that child inherit you? No.
Here and now it comes the wasiyyah part.
Before anything, write down a will that a third of your wealth should be given to that child.
Because legally in the Islamic sharia, in the Islamic inheritance, that child does not does not inherit you. Even if you were the one who took the child to hospital always when they were sick, you brought them up, you took them to school, to university, you even got them married.
But, they do not inherit you legally.
If you adopted them, but your own child, they inherit from you. Does your stepchild inherit you?
Like a child the child of your wife. No, they don't inherit you.
Are we together here?
Then I'm telling you in the the Islamic inheritance law it's a bit of complicated at the beginning. The moment you know the way around, it becomes easier later on.
Just what will confuse you is the calculations later on.
But if you pay attention and you ask Allah Subhana Wa Ta'ala to make it easy for you, it shall be easy.
Are we together?
Now we're getting into Mawani' al-irth.
We still have 5 minutes. Mawani' al-irth, these are the impediments.
Things that would deny a person to inherit even if they were supposed to inherit.
Number one, Ikhtilaf al-din.
If [snorts] you're a Muslim and you have a child who's not a Muslim, they do not inherit from you if you die.
And vice versa.
Are we together here?
Number two, al-qatl.
If the person was to inherit and he is the person who killed the deceased, they do not inherit.
No quality.
Let me start again here. Mawani' al-irth, there are three also. Number one, Ikhtilaf al-din.
Is the difference in religion.
If you're a Muslim and your child is not a Muslim, I don't care whichever religion they are following. I don't want to mention specifics because I know uh people say you're pointing fingers. If they're not Muslims, they cannot inherit you.
Legally, they cannot inherit you.
They'll take you they'll take the family to court, I know, because they'll say I'm the child, check my DNA. I do not care. That's not in Dean.
If you want to get angry, you want to burst into flames, that is your problem.
But my Dean tells me that I am not supposed to give you the inheritance because you were not in the same religion of your father as a Muslim.
Do you get my point? The question might come now.
What if the person then became a Muslim?
They get the inheritance if they became a Muslim before it's being divided.
Or or before it's divided after.
Are you with me?
Or you're seeing stars and birds flying around.
Huh?
Before the inheritance being divided, the the child be became Muslim, became a Muslim, then they get. If the inheritance is divided, holas. Later on he became a Muslim, there's nothing for him because the wealth has been already dispersed.
She doesn't inherit.
The You know, I gave a an example of a white of a child. Now, let's say if a Muslim got married to a Kitabiyyah, uh a Christian or a Jew.
But when we talk about Kitabiyyah, are the ones who are purely following the the the religion, not the ones who are doing other stuff these days.
When you talk about Kitabiyyah, this doesn't mean that they do not uh they do not say that Jesus is the son of God. They do.
Men are allowed to marry a Christian or a Jew.
Not an atheist, not the people who worship idols, not the people who worship uh fire, none of that. But the true Christians and Jews we allowed to marry them.
Vice versa is not allowed.
Again, I'm saying this. You might get angry. I know the ones who follow up the videos and all that the lectures. They They in the live stream many of them.
They get angry. They get offended. They get in It's like they want to burst into flames. That's not me saying it. It's my religion saying it.
It has wisdom behind it.
Why? Because it's easy for the wife to also turn to become a Muslim when she's married to a Muslim, but it's very hard for a woman who is a Muslim to change the man to become a Muslim.
Do you get my point here?
The man has more emotional intelligence when it comes to following what is right and what is wrong.
Women are bit weaker. They're our beloved sisters, but they're a bit weaker when it comes to following the emotions.
That's why you can never see a qadi who is a female qadi.
>> [snorts] >> Why?
Because she can wake up tomorrow look at a case someone maybe did murder someone becomes lenient with the person cries in front of her.
Shows the remorse.
The ruling was supposed to be given that this person who killed so and so they also should be killed, but she'll say she Maybe the mother also of that killer came.
You know, I'm also a mother. I feel bad.
So, emotions kick in. When emotions kick in, we will not have justice.
They're our beloved sisters. We love them, but their positions in Islam they're not given.
And they should not force it.
And they should not get offended. They should say alhamdulillah it's what Allah subhanahu wa ta'ala said and the Prophet said.
Their position is only for women and the positions are only for men. The last one is al-riqq.
So, mawani' al-irth a three. One is And alhamdulillah you finished it on time.
My one is impediments are three.
Number one is what? The difference in religion. If you're a Muslim who the person who passed away is a Muslim and the wife is not a Muslim or the son is not a Muslim or even the father is not a Muslim, they do not inherit.
No one.
Even even if you write it down.
They're not allowed.
Yes.
The will is written to be given it necessary doesn't need to be a Muslim.
A will can be given out just generally for the public. A person can write a will, I have this building when I die, I have like 10 other buildings. This is a third of my wealth. When I die, I want this building to be made a library. Will the library only be used by Muslims? No, even a Muslim shall use it. So, it's not specifically for Muslim. A will what we say it's limited to a third of your wealth. You're not allowed to give out more than a third of your wealth.
That's the rule and it should not be given to the person who's doing what?
Who is supposed to inherit. Like you know you cannot write a will that one of my specific sons have to get a third of my wealth. It's not allowed because they already have a portion set for them.
And if you give it to one son that means the others kids that you have they'll feel bad and it will be it will be oppression.
The last one is as we mentioned.
A is if a person is a slave.
A father is a free man.
The son is not a free man or the father is a the person let's say Muhammad is a free man, the father is still enslaved.
Muhammad is a free man, the son is still enslaved. They cannot inherit the father.
Why? Because if they're given the inheritance, the one who will took will take away the inheritance is the master, not the person whom you've given the inheritance Are we together here?
Clearly understood? So Mawani are three.
Number one, ikhtilaf ud-din, difference of religion. Number two, al-qatl, the person who killed the person who is deceased. Muhammad is here. He has a son called Khalid.
Khalid killed the father.
Will Khalid be given the inheritance?
La.
Do you remember my point here now?
Are we together?
And the last one is a riqq. If a person who is supposed to inherit and is not a free person, they're not given the the they're not given the inheritance because it is not allowed to give to them.
So those are the things that I think we should have we we need to learn about as then in the as an introduction to the to the to the science of the Islamic inheritance law.
From next week in sha Allah, we'll get into a bit deeper and then we'll start the calculations immediately. We don't delay, yeah?
So, pay attention. You have your notes, go through it. When you come next week, you are still on track.
Rabbana atina fid-dunya hasana wa
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