Rafed English

Miscellaneous Problems relating to Inheritance

2788. The Holy Qur'an, a ring. and a sword of the dead person and the clothes worn by him, are the property of the eldest son. And if out of the first three things the dead person has left more than one for example, if he has left two copies of the Qur'an or two rings the obligatory precaution is that his eldest son should make a compromise with the other heirs in respect of those things.

2789. If a dead person has two eldest sons for example, ii his two sons are from of two wives at one and the same time they should divide his clothes. Qur'an, ring and sword equally between themselves.

2790. If the dead person is indebted and if his debt is equal to his property or more than that the four things which are the property of the eldest son and have been mentioned in the preceding Article should be given for the settlement of his debt. And if his debt is less than what his property is worth the four things which go to his eldest son should be given proportionately for his debt. For example, if his entire property consists of $ 60 and the things which are the property of the eldest son are worth $ 20, and he (the dead person) owes $ 30, the eldest son should give an amount of $ 10 out of those four things for the clearance of the debt of his father.

2791. A Muslim inherits from an infidel but an infidel does not inherit from a deceased Muslim, even though he may be his father or son.

2792. If a person Kills one of his relatives intentionally and unjustly, he does not inherit from him. However, if it is due to inadvertence for example, if he throws a stone in the air and by chance it hits one of his relatives and kills him he inherits from him. Nevertheless, it is difficult that he should inherit out of the diyah (bloodmoney) for murder, which will be explained later.

2793. Whenever it is proposed to divide the inheritance the share of one son should be set aside for a child who is in its mother's womb and will inherit if it is born alive (when it is not probable that more than one child will be born) and the remaining part should be divided among the other heirs. How ever, if the children in the womb are likely to be more than one, for example if it is probable that the woman may give birth to two or three children and the heirs are not agreeable to set aside the share of the probable issues it is permissible that after ensuring the safety of the share of the issue of a son, the rest of the property may be divided amongst the heirs.

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