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38. Inheritance (Irth)

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  • Ruling 2785

    The watercourses for subterranean canals and suchlike have the same rule as land, and the bricks and other things used for their construction have the same rule as buildings. As for the water itself, the actual water is …

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  • Ruling 2786

    If the deceased has more than one wife and no offspring, one-quarter of the estate must be divided equally among his wives. If he has offspring, one-eighth of the estate as per the explanation given previously must be …

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  • Ruling 2787

    If a woman marries a man while she is ill and subsequently dies from that illness, her husband inherits from her even if he did not have sexual intercourse with her.

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  • Ruling 2788

    If a woman is given a revocable divorce (al-ṭalāq al-rijʿī) in the manner explained in the rulings on divorce, and she dies during the prescribed waiting period (ʿiddah), her husband inherits from her. Furthermore, if her husband dies …

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  • Ruling 2789

    If a husband divorces his wife while he is ill and dies before the expiry of twelve lunar months, his wife inherits from him on fulfilment of three conditions [as below], irrespective of whether the divorce was revocable …

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  • Ruling 2790

    The clothes that a husband buys for his wife to wear are treated as part of his estate after his death even though she may have worn them, unless he gave her ownership. A wife is entitled to …

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  • Ruling 2791

    The deceased’s Qur’an, ring, sword, and clothes that he had worn or kept to wear belong to the eldest son. If the deceased had more than one of the first three things – for example, he left two …

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  • Ruling 2792

    If the deceased has more than one eldest son – for example, two sons are born of two wives at the same time – the items mentioned earlier must be divided equally among them. This rule is specific …

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  • Ruling 2793

    If the deceased has a debt equal to his estate or more, the eldest son must give those things mentioned earlier that belong to him to settle the debt, or he must pay their equivalent worth from his …

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  • Ruling 2794

    A Muslim inherits from a disbeliever (kāfir), but a disbeliever does not inherit from a deceased Muslim, even if he is the deceased’s father or son.

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