IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL
BEING THE THIRD KHUTBAH FOR THE MONTH OF SHAWWAL, DATED 17TH SHAWWAL 1445AH (26TH APRIL, 2024CE)
TITLED: INHERITANCE IN ISLAM AND THE NECESSITY OF ITS IMPLEMENTATION – 2
THE FIRST SERMON
All praises are due to Allah, the All-Hearing, the All-Knowing, the Forgiving, the Merciful, who created mankind to worship Him, displayed His signs to them for them to affirm His Oneness, bestowed His blessings upon them for them to be thankful, and sent messengers to them with clear guidance, delivering glad tidings and warnings. I praise Him abundantly with pure and blessed praise. I bear witness that there is no god but Allah, alone, without partner, and I bear witness that Muhammad is His servant and messenger. May Allah bestow His blessings and peace upon him, his family, and his companions abundantly. He (peace be upon him) said in his noble hadith: “Learn (laws of) inheritance and teach it, for it si the half of knowledge, and it is the first thing to be forgotten and the first thing to be taken away from my nation, or taken away” (Narrated by Ibn Majah, Ad-Darimi, and Al-Hakim).
As to what follow,
I advise you all to fear Allah, as it is a divine command directed to His believing servants: (يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ حَقَّ تُقاتِهِ وَلا تَمُوتُنَّ إِلَاّ وَأَنْتُمْ مُسْلِمُونَ (102) وَاعْتَصِمُوا بِحَبْلِ اللَّهِ جَمِيعاً وَلا تَفَرَّقُوا وَاذْكُرُوا نِعْمَتَ اللَّهِ عَلَيْكُمْ إِذْ كُنْتُمْ أَعْداءً فَأَلَّفَ بَيْنَ قُلُوبِكُمْ فَأَصْبَحْتُمْ بِنِعْمَتِهِ إِخْواناً وَكُنْتُمْ عَلى شَفا حُفْرَةٍ مِنَ النَّارِ فَأَنْقَذَكُمْ مِنْها كَذلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آياتِهِ لَعَلَّكُمْ تَهْتَدُونَ (103)) “O you who have believed, fear Allah as He should be feared and do not die except as Muslims [in submission to Him]. And hold firmly to the rope of Allah all together and do not become divided. And remember the favor of Allah upon you – when you were enemies and He brought your hearts together and you became, by His favor, brothers. And you were on the edge of a pit of the Fire, and He saved you from it. Thus does Allah make clear to you His verses that you may be guided.” (Surah Al-Imran:102-103).
Dear listeners, in the previous sermon, we talked about inheritance in Islam and the necessity of its application, and we took a specific portion of it. Then the need arose to resume the lesson from where we stopped, which is on the impediments to inheritance. We ask Allah to accept it from us and from you.
It is said that: The impediments to inheritance are seven, summarized in letters of these three Arabic words: (عش لك رزق): (ع): Not being alive at the time of the deceased’s death. According to the saying (peace be upon him): “When the newborn takes his first breath, he inherits.” Reported by Abu Dawood and Ibn Majah from Jabir, may Allah be pleased with him. (2) (ش): Doubt about the first to die. (3) (ل): Invocation of the curse of Allah on the Accusation of adultery as mentioned in Surah An-Nur: 7-9. (4) (ك): Disbelief, meaning difference in religion as mentioned previously. (5) (ر): Enslavement, where the slave belongs to his master. (6) (ز): Adultery, where the child of adultery does not inherit from his father, nor does his father inherit from him, even if he acknowledges him. (7) (ق): Murder, as the murderer does not inherit from his victim.
EXCLUSION IN INHERITANCE
The term “EXCLUSION” here refers to preventing a rightful heir from obtaining all or part of their inheritance. Scholars have divided this impediment into two types, which are mentioned below.
Exclusion by Description:
Here, the rightful heir possesses one of the impediments to inheritance that we mentioned earlier, namely, differences in religion, slavery, or murder. For example, if the deceased has a mother, a sister from his father, a brother from his father, who is opposed to him in religion, and an uncle, in that case, the mother receives one-third, the sister from the father receives half, the uncle receives the remainder, and nothing is allocated to the brother from the father.
Exclusion by Person:
In this scenario, a person entitled to inheritance is prevented from receiving a share of the inheritance due to another person. Exclusion by person is divided into four categories:
1. Exclusion in the Roots: This occurs when every male blocks those male persons above him from inheriting, For instance, when a father blocks the grandfather from inheriting.
2. Exclusion in the Branches: This means where every male blocks those below him from inheriting. For example, is when a son blocks a grandson and a granddaughter.
3. Exclusion in the Collateral Relatives: These include siblings and their descendants, as well as paternal uncles and their children. In this case, the exclusion/blocking works as follows:
– A situation whereby all the collateral relatives and blocked from inheriting by males among the root or the branches, For example, a father can prevent all his siblings from inheriting.
– Siblings from the mother’s side are prevented from inheriting by the females from the branches. For example, if a person dies leaving behind his daughter and his maternal brother, and his paternal brother. The daughter inherits half, and the paternal brother inherits the rest, with nothing going to the maternal brother.
– Siblings from the father’s side (Consanguine brothers) are prevented from inheriting by the full brothers (males from same parents). For example, if a person dies leaving behind his sister from the mother’s side (Uterine Sister), his sister from the father’s side (Consanguine Sister), and his full brother from same parents. The sister from the mother’s side (Uterine Sister) inherits one-sixth, the full brother (from both parents) inherits the rest, and the Consanguine Sister (sister from the father’s side) receives nothing.
4. Exclusion in the Residuary heirs: This refers to an heir who does not have a pre-determined and specific share,. If one of the rightful heirs shares with him in the inheritance, the Residuary heir receives the leftover surplus, whether it is little or much. If the residuary heir inherits the entire estate alone, he takes it all, but if the estate is depleted after being divided among the rightful heirs, his share is forfeited.
Regarding the Exclusion in the Residuary heir, it works as follows:
– The superior in terms of proximity blocks the one after him.
– The closer in terms of rank blocks the farther.
– The stronger in terms of relationship impedes the weaker.
Division of Estates and the Shares of the Heirs
Islamic law has come with a precise system for dividing inheritances, granting rightful heirs- a total of twelve individuals. Their shares in the inheritance vary depending on each case, with portions ranging from half, a quarter, a third, two-thirds, a sixth, and an eighth. Allah says, (لِلرِّجالِ نَصِيبٌ مِمَّا تَرَكَ الْوالِدانِ وَالْأَقْرَبُونَ وَلِلنِّساءِ نَصِيبٌ مِمَّا تَرَكَ الْوالِدانِ وَالْأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيباً مَفْرُوضاً) “For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much – an obligatory share” (Quran, An-Nisa: 7).
The cause of revelation of this verse is mentioned: Narrated Jabir: Umm Kuha came to the Messenger of Allah (peace be upon him) and said: Messenger of Allah, I have two daughters and their father has died, and they have no property, so Allah, the Exalted, revealed this verse.
Sa’id b. Jubair and Qatada said: The polytheists used to assign the property to the senior males, and did not bequeath anything to the women and children, so Allah, the Exalted, revealed this verse.
Ibn Abbas narrated: “During the pre-Islamic era, the people of ignorance did not share inheritance to the daughters or young male children until they matured. Then a man from the Ansar, known as Aws bin Thabit, passed away, leaving behind two daughters and a young son. His cousins, Khalid and ‘Arfatah, who were from his paternal uncle, came and took all his inheritance. His wife, Umm Kahla, who was the mother of the two daughters, went to the Messenger of Allah, peace be upon him, and informed him of the situation. He (peace be upon him) said, ‘I do not know what to say.’ Then the verse was revealed: (لِلرِّجالِ نَصِيبٌ مِمَّا تَرَكَ الْوالِدانِ) ‘For men is a share of what the parents and close relatives leave behind.’ (Quran, Surah An-Nisa, 4:7)”
Dear Servants of Allah:
The male heirs- that scholars agree on their share of inheritance are ten in summary, and fifteen in expanded details, and they are: 1. Son. 2. Grandson or his descendant. 3. Father. 4. Paternal grandfather or his ascendant. 5. Full brother. 6. Consanguine brother. 7. Uterine brother. 8. Full brother’s son or his male descendant. 9. Consanguine brother’s son or his male descendant. 10. Full paternal uncle. 11. Half paternal uncle. 12. Full paternal uncle’s son or his male descendant. 13. Half paternal uncle’s son or his male descendant. 14. Husband. 15. Patron that frees the slave.
When all the ten categories are gathered together, only three among them inherit: the father takes one-sixth, the husband takes one-quarter, and the son takes the remainder by residuary heir.
The female heirs- that scholars agree on their share of inheritance are seven in summary, and ten in expanded detail, and they are: 1. Daughter. 2. Mother. 3. Son’s daughter. 4. Grandmother (Mother’s mother). 5. Grandmother (Father’s mother). 6. Full sister. 7. Consanguine sister. 8. Uterine sister. 9. Wife. 10. Patroness (A woman who sets a slave free)
When all the seven gather, only five inherit: the daughter takes half, the granddaughter takes the remainder of the two-thirds, the mother takes one-sixth, the full sister takes one-sixth, and the wife takes one-eighth.
If all the heirs and heiresses gather, only five inherit: the father takes one-sixth, the mother takes one-sixth, the husband takes one-quarter, the wife takes one-eighth, and the son and daughter take the remainder.
We will present the details of each case of the heirs and heiresses in the next sermon, inshaa Allah.
SECOND SERMON
All praises are due to Allah, whose hearing encompasses everything. I bear witness that there is no god but Allah alone, without any partners, and I bear witness that Muhammad is His servant and messenger. May Allah bestow His blessings and peace upon him, his family, and his companions abundantly…
As to what follow:
Servants of Allah: Recently the Nigerian local news reported that a group of individuals stormed the House of Representatives complex in Oyo state, in an attempt to hijack it, demanding the establishment of a Yoruba nation. This incident is considered an act of stirring up strife among the Yoruba people, especially the country as a whole. Allah has warned us against such actions, saying, (وَاتَّقُوا فِتْنَةً لاَ تُصِيبَنَّ الذِينَ ظَلَمُوا مِنْكُمْ خَاصَةً وَاعْلَمُوا أَنَّ اللهَ شَدِيدُ العِقَابِ) ” And fear the Fitnah (affliction and trial, etc.) which affects not in particular (only) those of you who do wrong (but it may afflict all the good and the bad people), and know that Allah is Severe in punishment” (Al-Anfal: 25). Therefore, what is incumbent upon us is patience, perseverance, and cooperation with the government in its efforts to find suitable solutions to the problems faced by the people, including the lack of security and economic instability.
Hence, Islam has forbidden the act of men imitating women and women who imitate men in dressing and character. Allah Almighty declared, saying: (لَعَنَهُ اللَّهُ وَقالَ لَأَتَّخِذَنَّ مِنْ عِبادِكَ نَصِيباً مَفْرُوضاً (118) وَلَأُضِلَّنَّهُمْ وَلَأُمَنِّيَنَّهُمْ وَلَآمُرَنَّهُمْ فَلَيُبَتِّكُنَّ آذانَ الْأَنْعامِ وَلَآمُرَنَّهُمْ فَلَيُغَيِّرُنَّ خَلْقَ اللَّهِ وَمَنْ يَتَّخِذِ الشَّيْطانَ وَلِيًّا مِنْ دُونِ اللَّهِ فَقَدْ خَسِرَ خُسْراناً مُبِيناً) “Allah cursed him. And he [Shaitan (Satan)] said: “I will take an appointed portion of your slaves; (119) Verily, I will mislead them, and surely, I will arouse in them false desires; and certainly, I will order them to slit the ears of cattle, and indeed I will order them to change the nature created by Allah.” And whoever takes Shaitan (Satan) as a Wali (protector or helper) instead of Allah, has surely suffered a manifest loss” (An-Nisa’ 118-119.) According to the words of the Messenger, may Allah bless him and grant him peace, “Ibn ‘Abbas (May Allah be pleased with them) said: The Messenger of Allah (ﷺ) cursed those men who are effeminate, and women who imitate men. And in another narration: “The Messenger of Allah (ﷺ) cursed men who copy women and cursed women who copy men. [Al-Bukhari].
And this matter has become a means of making money presently, as seen in the media. The perpetrator of this crime should not think attitude is better for them? Rather, it is dangerous for them because it is the source of the indecency, betrayal, and injustice that harm the society. We ask Allah to make this country safe, secure, prosperous, and generous.
Finally, continue to pray for the well-being of our brothers in Palestine, and to save Al-Aqsa Mosque from the desecration of the Zionists, and send aid to them and spread information about them.
I say this and ask forgiveness from Allah for me and for you.
SUPPLICATION: O Allah, aid our brothers in Palestine and aid the oppressed everywhere. O Allah, release the Muslim captives in Palestine and guide their steps. O Allah, liberate Palestine and Al-Aqsa Mosque from the plots of the aggressors. Be a support to our brothers in Palestine, O Allah. Grant them victory, strength, and patience. Bind their hearts together and shower them with Your mercy. Heal their wounds, cure their illnesses, and accept their deceased. O Allah, return their captive youths to them. O Lord, O Allah, free Al-Aqsa Mosque from the defilement of the usurping Zionist aggressors. Grant the people of Palestine steadfastness, victory, and empowerment.
“O Allah, show us the truth as true and grant us the ability to follow it, and show us falsehood as false and grant us the ability to avoid it. Do not make it confusing for us, lest we go astray and suffer. O Allah, secure us in our homelands and protect our brethren who are striving in every place. Be with them, not against them. Release the prisoners among them with Your mercy, O Most Merciful of the Merciful. O Allah, forgive our parents, our elders, and all living and deceased Muslims. You are the Hearer of prayers, worthy of answering, capable of doing so. Peace and blessings be upon our Prophet Muhammad, his family, and all his companions.”