- 10 -
Imam Nasser Mohammad Al-Yemeni
11 - 08 - 1431 AH
23 - 07 - 2010 AD
04:24 am
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..Response of the Imam Mahdi with more of the explanatory-statement from the decisive Book a reminder to those of understanding-minds
In the name of Allah the All Merciful, the Most Merciful, prayer of forgiveness and peace be upon the seal of the prophets and messengers, and his righteous virtuous family, and the followers to the Truth till judgement day, and peace be upon the sent ones, and praise be to Allah Lord of the worlds..
:What follows is a copy from statement of the questioner Ahmad Esa Ebraheem; the following in red
very well my respectable brother, I will submit to you this example, and I hope from you to distribute the inheritance as it ought to be upon those who deserve it
:Let us suppose the passed away a married man, while those who are alive at the distribution of the inheritance are
A wife + his parents + his children and their (total) number is 7 / five are females; three of them are mature and two are adolescent one of them is disabled, also two males one of them matured while the other is adolescent and sick with permanent illness
End of quote
To the explanatory-statement from Allah. Confirming with the word of Allah the Most High:
{They ask you for fatwa (decision). Say: Allah gives you fatwa (decision)..}Truthful Allah the Great [Al-Nesã`a] 4:176
{يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ} صدق الله العظيم [النساء:176].
As for the share of the wife:
{but if you have a child, their share is the eighth of what you leave after (payment of) a bequest you may have bequeathed or a debt.}Truthful Allah the Great [Al-Nesã`a] 4:12. As how you know the value of the eighth for the wife surely it is as follows: $100000 ÷ 8 = 12500 dinar. That is exactly the money for the wife from the total sum of the inheritance which you Ahmad Esa mentioned one hundred thousand dinars, so her share became exactly twelve thousand and five hundred dinars.
{فَإِن كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُم مِّن بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ} صدق الله العظيم [النساء:12].
We come now to the share of his parents. And Allah the Most High said:
{Say: Allah gives you fatwa (decision)..}Truthful Allah the Great [Al-Nesã`a] 4:176,
{And as for his parents, for each of them is the sixth of what he leaves, if he has a child..}Truthful Allah the Great [Al-Nesã`a] 4:11. That means sixth of the inheritance, and we divide the sum over the number six then we give to his parents the two sixths.
{قُلِ اللَّهُ يُفْتِيكُمْ} صدق الله العظيم [النساء:176]،
{وَلأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ} صدق الله العظيم [النساء:11].
Now we come to the share of his children. And Allah the Most High said:
{Say: Allah gives you fatwa (decision)..}Truthful Allah the Great [Al-Nesã`a] 4:176,
{Allah enjoins you concerning your children: for the male is the equal of the portion of two females;}Truthful Allah the Great [Al-Nesã`a] 4:11, then it became that you have to get out of the capital of the inheritance the one hundred thousand dinars; eighth + two sixths, and remainder would be divided among the children of the deceased, for the male is the equal of the portion of two females equally whether he is a nursing infant or kahl (older-age of maturity) surely there is no difference between them in the share of what their father left, but the guardian who will take charge of raising the young is entitled to take from their money for their clothing and feeding them in a just manner if he is poor, as for if he is wealthy let him abstain, and his reward is with Allah until they reach to the age of their strength, then he hand-over to them their right (of the inheritance). And Allah the Most High said:
{And test the orphans until they reach the age of marriage. Then if you find in them maturity of intellect, hand-over to them their property, and consume it not extravagantly and hastily against their growing up. And whoever is rich, let him abstain, and whoever is poor let him consume reasonably. And when you make over to them their property, call witnesses in their presence. And Allah is enough as a Reckoner.}Truthful Allah the Great [Al-Nesã`a] 4:6
{قُلِ اللَّهُ يُفْتِيكُمْ} صدق الله العظيم [النساء:176]
{يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ} صدق الله العظيم [النساء:11].
{وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُواْ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَى بِاللَّهِ حَسِيبًا} صدق الله العظيم [النساء:6].
Let them be cautious those who consume the wealth of the orphans until when they grow lo and behold they would not find a thing of what their father left for them. And Allah the Most High said:
{Those who consume the wealth of the orphans unjustly, they swallow only fire into their bellies. And they will burn in blazing fire.}Truthful Allah the Great [Al-Nesã`a] 4:10
{إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَى ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا وَسَيَصْلَوْنَ سَعِيرًا} صدق الله العظيم [النساء:10].
As for if the orphan child is disabled let the guardian spend on him from his money until when it is gone then let him spend on him from him and his reward is with Allah, as for the men and women whoever reached their age of maturity, whether he is a male or female then you saw his behavior of the mature ones and not the foolish ones then hand over their wealth which it is a trust in your custody and call witnesses in their presence of others who do justice among you. Confirming with the word of Allah the Most High:
{And test the orphans until they reach the age of marriage. Then if you find in them maturity of intellect, make over to them their property,..}Truthful Allah the Great [Al-Nesã`a] 4:6. then they would bring witnesses over them that they paid to them their wealth (money/property). Confirming with the word of Allah the Most High:
{And when you make over to them their property, call witnesses in their presence. And Allah is enough as a Reckoner.}Truthful Allah the Great [Al-Nesã`a] 4:6
{وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ} صدق الله العظيم [النساء:6].
{فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَى بِاللَّهِ حَسِيبًا} صدق الله العظيم[النساء:6].
:As for the questions that Ahmad Esa hand it to us is as follows
Q.1- How is it appropriate to make equally between the adolescent children and the mature children at the time of distribution of the inheritance?
A.1- Allah the Most High said:
{Say: Allah gives you a decision (fatwa)}Truthful Allah the Great [Al-Nesã`a] 4:176.
{And test the orphans until they reach the age of marriage. Then if you find in them maturity of intellect, make over to them their property, and consume it not extravagantly and hastily against their growing up. And whoever is rich, let him abstain, and whoever is poor let him consume reasonably. And when you make over to them their property, call witnesses in their presence. And Allah is enough as a Reckoner.}Truthful Allah the Great [Al-Nesã`a] 4:6. There is not a thing difference between the share of the mature and the infant in the inheritance and for the male is as the share of the two females whether he is mature or who is youngster in the cradle surely there is no difference in their share in the inheritance, and Allah gave permission for the poor who would raise (the orphans) to take from their money of the suckling infant in a just manner to spend it on raising him and teaching him and feeding him and clothing him in a just manner without extravagance until he grows up, then he would hand over to him the remainder from the money of the orphan if anything left from it, surely it is a trust with him, as for if the entrusted-guardian is rich then Allah has commanded him to abstain from the wealth of the orphan and (Allah) promised him forgiveness and ample of sustenance. And Allah the Most High said:
{And test the orphans until they reach the age of marriage. Then if you find in them maturity of intellect, make over to them their property, and consume it not extravagantly and hastily against their growing up. And whoever is rich, let him abstain, and whoever is poor let him consume reasonably. And when you make over to them their property, call witnesses in their presence. And Allah is enough as a Reckoner.}Truthful Allah the Great [Al-Nesã`a] 4:6
{ قُلِ اللَّهُ يُفْتِيكُمْ } صدق الله العظيم [النساء:176].
{وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُواْ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَى بِاللَّهِ حَسِيبًا} صدق الله العظيم [النساء:6].
{وَابْتَلُواْ الْيَتَامَى حَتَّىَ إِذَا بَلَغُواْ النِّكَاحَ فَإِنْ آنَسْتُم مِّنْهُمْ رُشْدًا فَادْفَعُواْ إِلَيْهِمْ أَمْوَالَهُمْ وَلاَ تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُواْ وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِ فَإِذَا دَفَعْتُمْ إِلَيْهِمْ أَمْوَالَهُمْ فَأَشْهِدُواْ عَلَيْهِمْ وَكَفَى بِاللَّهِ حَسِيبًا} صدق الله العظيم [النساء:6].
Q.2- How is it appropriate to make equal between the mature female that got married and the unmarried female or older single (never got married) and she may remain without marriage the rest of her life while she is unemployed?
A.2- As for the men and women whom they did not get married, if their brothers/sisters that their father got them married from his money then they have the right to get married from their father’s money as their siblings got married before them from the wealth of their father truly in a just manner, and as if the older ones whom did not get married from the wealth of their father; in fact they are who (spent on) getting themselves married then it became no share for the others in the cost of marriage from the inheritance. As for the females, verily give them what she needs it justly from the wealth which she inherited from her father, and you be in charge of clothing her, feeding her, and teaching her, and spend on her from her money, so her money ran out then spend on her from your own (money) without reproach nor injury, so do not make your charity fruitless by reproach and injury, so Allah would ordain (by caring) for her a share with His mercy, so whoever been merciful to them (female orphans) Allah is Merciful to him and loved him and brought him near, also He got pleased with him and pleased him. Confirming with the word of Allah the Most High:
{..And keep your duty to Allah, by Whom you demand one of another (your rights), and (to) the ties of relationship. Surely Allah is ever a Watcher over you.(1) And give to the orphans their property, and substitute not worthless (things) for (their) good (ones), and devour not their property (adding) to your own property. This is surely a great sin.(2)}Truthful Allah the Great [Al-Nesã`a] 4:1-2
{وَاتَّقُوا اللَّـهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللَّـهَ كَانَ عَلَيْكُمْ رَقِيبًا ﴿١﴾ وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ إِنَّهُ كَانَ حُوبًا كَبِيرًا ﴿٢﴾} صدق الله العظيم [النساء].
..And peace be upon the sent ones, and praise be to Allah Lord of the worlds
.Your brother the Imam Nasser Mohammad Al-Yemeni
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https://mahdialumma.online/showthread.php?1497
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