Six Chapter 6: ʿAhd, Inheritance and…

Lesson 40: Laws of ʿAhd, Nadhr, and …

A- Vow (Nadhr) and Covenant (ʿAhd)

One: The Meaning of the Vow

A vow (Nadhr) is when a person makes it obligatory for himself to perform a good act or to refrain from performing an action that is better not to do for Allāh’s pleasure (Issue 2810).

Tow: Conditions of the One Who Makes a Vow and Covenant

The person making a vow must have the following conditions:

1. He must be an adult (Bāligh);
2. He must be sane (ʿĀqil);
3. He must have the intention (Qaṣd) to make a vow and covenant;
4. He must make the vow with free will (Ikhtiyār);
5. He must not be foolish (Safīh) (Issue 2812).

Three: The Conditions of the Subject of Vow

An act that a person vows to do must have the following

conditions:

1. Fulfilling the Vow must be possible;
2. It must not be unlawful or disapproved (Issues 2817 & 2818).
3. In Nadhr ʿAhd, and Qasam, a formula (Ṣīghah) must be said. The formula doesn’t need to be said in Arabic. (Issue 2810 & 2811).

Four: The Laws of Vow

1. If a father or mother forbids his child from doing what he has vowed, it is invalid (Issues 2816).
2. When a father or mother vows to marry his daughter to a sayyid or other someone, afterward, the daughter has reached the age of legal responsibility (taklīf), the authority belongs to her, and the vow is void

(Issue 2836).

3. The woman’s vow is invalid without her husband’s permission if it conflicts with his rights (Issues 2814).

Five: Atonement for Breaking the Vow and Covenant

When a person breaks a vow and covenant intentionally, he must give atonement (Kaffārah) by feeding sixty poor people, fasting for two months, or freeing an enslaved person (Issues 2839).

Note: It is obligatory to act upon a covenant like a vow. It must pronounce the formula (Ṣīghah) and utter the name of Allāh.

B- Oath (Qasam)

One: The Meaning of Oath (Qasam)

If a person takes an oath to perform an act or refrain from one, such as taking an oath to fast, then if he intentionally does not fulfill his oath, he must pay Kaffārah.

Tow: The Condition of One Who Taking the Oath

A person taking the oath must have the following

conditions:

1. He must be an adult (Bāligh);
2. He must be sane (ʿĀqil);
3. He must have the intention (Qaṣd) to take the oath;
4. He must have free will (Ikhtiyār) (Issue 2841).

Three: The Conditions of Taking the Oath

An oath must fulfill the following conditions:

1. The subject of the oath must be possible;
2. The act which one takes an oath to do should not be unlawful or makrūh, and the action for which a person takes an oath to abandon should not be obligatory or recommended.
3. The oath must be sworn by one of the names of the almighty Allāh, such as Allāh and al-r’ziq.
4. The oath should be uttered in words (Issue 2841).

Four: Atonement for Oath

If a person does not act upon his oath intentionally, he
must pay kaffÁra for it. He must feed ten poor people, provide them with clothes, or free an enslaved person. He must fast for three days if he cannot perform these acts (Issue 2840).

C- Atonement (Kaffāra)

One: The Meaning of Atonement

Atonement (kaffāra) is a type of punishment and financial penalty that becomes obligatory for certain sins, such as having intercourse during the days of a woman’s habit, performing certain behaviors of pilgrims during the Ḥajj, and performing certain acts during Ramaḍān .

Two: The Types of Atonement

The types of atonement are as follows:

1. Regular atonement;
2. Alternative )mukhirah( atonement;
3. Alternative and regular atonement;
4. Plural atonement.

Three: The Laws of Atonement

1. The payment of atonement must be with the intention of atonement and proximity (qurbat);
2. Fasting must be done for 31 consecutive days in all atonements.
3. The poor person who is given atonement is also the poor person who is given Zakāt.
4. Giving money is not enough, but it must be food.

Questions

1. Among the atonements is the release of a slave, such as atonement for wrongful killing or intentional breaking of fast during the Holy month of Ramaḍān; in the current conditions, slavery has been abolished. What is the duty?

Answer 1: In the current situation, he must do the following two things:

1. a) Fasting for two consecutive months.
2. b) Feed sixty poor people.

2: When a person vows to mourn in the month of Muharram, can he give this money to poor people?

Answer 2: When the formula (Ṣīghah) of the vow is recited, the vow must be followed

Exercises:

1. What is the meaning of the covenant and vow?
2. What are the conditions of someone that vow and covenant?
3. What is the atonement for someone who does not fulfill his vows and covenant?
4. What are the types of atonement?

Lesson 41: Laws of Inheritance (Irth)

A person inherits from a dead person in two ways: by relative kinship or causal kinship through marriage.

A- Inheritance in Relative Kinship

One:  Three Groups Who Inherit

Based on relative kinship, three groups of persons inherit from a dead person:

1. The first group consists of the dead person’s parents and children; if no children exist, the grandchildren are in the downward line.
2. The second group consists of the dead person’s grandfathers, grandmothers, sisters, and brothers, and in the absence of sisters and brothers, their children;
3. The third group consists of paternal and maternal uncles and aunts and their children (Issue 2898).

Note: Among groups, if a member of the first group is, the

second and third groups will not inherit. Within the groups, whoever is closer to the deceased is prevented from inheriting those farther away from inheriting (Issue 2898).

Tow: Laws of Inheritance Among Groups

1. In the first inheritance group, the father and mother each receive one-sixth of the inheritance, and the son gets twice as much as the daughter
2. In the second inheritance group, grandparents receive the inheritance like parents, and brothers and sisters like sons and daughters. The paternal brother or sister does not inherit alone if the maternal and paternal brothers or sisters are together.
3. In the third inheritance group, paternal uncles and aunts, maternal uncles and aunts, and their children are. If one of the paternal uncles and aunts, maternal uncles and aunts of the deceased is alive, their children will not inherit. The paternal uncle of the deceased will not inherit if the dead had a cousin son of father and mother (Issue 2924).
4. In all inheritance groups, if the relationships are maternal, such as uncle and aunt, maternal grandfather and grandmother, the inheritance is divided equally (Issue 2924).
5. Husband and wife inherit from each other, and these groups do not hinder (Issue 2900).

Three: Obstacles of Inheritance

1. A non-Muslim does not inherit from a dead Muslim, even if he is his father or son, but a Muslim inherits from a non-Muslim (Issue 2952).
2. A person who kills a relative intentionally and unjustly will not inherit from the one who was murdered. But if he kills him by mistake, he inherits from him (Issue 2953).

Four: Allocations Property of the Eldest Son) Habvah(

(Habvah) refers to the property that belongs to the eldest son, such as the Holy Qurān, ring, sword, and clothing worn by the dead (Issue 2949).

B- Inheritance in Causal Kinship

Husband and wife inherit from each other as follows:

1. When a permanent wife dies without children, her husband inherits half of her property, and her other heirs take the rest. If she has children, her husband inherits one-fourth of her property, while her other heirs inherit the remaining portion (Issue 2939).
2. A woman does not inherit from immovable property, but she inherits from the price of a tree and the building of a house (Issue 2940).
3. If the husband divorces his wife during illness and dies before twelve lunar months pass, the wife inherits from him under three conditions
4. a) During this time, she has not married another man.
5. b) Not satisfied with divorce.
6. c) A divorce must occur during the death’s illness (Issue 2947).
7. When a man dies without children, his wife takes one-fourth of her property, and her other heirs take the rest. If he has children, his wife inherits one-eighth of the property, while his other heirs inherit the remaining portion (Issue 2944).
8. Owners of Farth

A group of heirs inherit from a dead person; their share is outlined in the Holy Qurān and authentic traditions. These groups are called the owners of Farth:

One: One-Half

1. The husband, if the dead person, had no children or grandchildren.
2. A daughter if the dead person does not have a son;
3. Paternal and maternal sister;
4. A paternal sister, only if she has no brother.

Two: One-Fourth

1. The husband, if the dead person has children or grandchildren.
2. A woman, if the dead person has no children or grandchildren.

Three: One-Sixths

1. Father, if the dead person has a son or several children.
2. Mother, if the dead person has two brothers or four sisters, or one brother and two sisters, on the maternal and paternal or paternal side.
3. Maternal brother or sister if there are not many.

Four: Two-Thirds

1. Two or more daughters if the dead person has no son.
2. Two paternal and maternal sisters or more than two if they do not have paternal and maternal brothers.
3. Two or more paternal sisters if they do not have a paternal brother.

Five: One-Thirds

1. Mother when the dead person does not have children or obstacles of inheritance (Hajib: like two brothers or four sisters and more from father and mother).
2. The maternal brothers and sisters of the dead person, if there are many.

Six: One-Eighths

Wife or wives if the dead person has children (Majmaal-Al-Ahkam, issue 757).

F- Inheritance of Baby in The Mother’s Womb

At the time of dividing the inheritance, the shares of a son must be set aside for the child in the womb; the rest will be divided among the remaining heirs (Issue 2954).

Exercises:

1. What are the three inheritance groups?
2. When does a divorced woman inherit from her dead husband?
3. Who are the owners of Farth?
4. Can a woman inherit immovable property?