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Foreword
All praise is due to Allah, and may Allah's peace and blessings be
upon Allah's Messenger.
Introduction
Introduction
Definitions
Linguistically, the Arabic word 'radd' means 'return, turn back, repel'.
In Mukhtaar As-Sihaah, we read: "Radda means turn back, as in Allah's
statement, 'But when Allah will a people's punishment, there can be
no marad (turning back).' (Surat Ar-Ra'd, 13:11); radda also means turn
something down; radda with the preposition 'to' means return, as in
'return home."2
Technically, it means allocating the excess shares left over the estate
to those heirs who are entitled to it3 in proportion to their original
shares.4 The reason behind the occurrence of Ar-radd is when the amount
of estate shares exceeds the shares originally allocated to entitled heirs.
This means, in other words, when the total amount of estate exceeds that
of the shares.5
To clarify further, if the total amount of shares to be distributed
exceeds the total estate, then we have a case known as 'awl; if the
amount of shares to be distributed is less than the total estate, then we
have the case known as ar-radd (henceforth radd); if the amount of shares
to be distributed is equal to the total estate, we have neither a case of
'awl, in which case the shares of certain heirs are reduced, nor a case of
radd, in which case it is to be decided as to whether the "remainder"
(radd) goes to the public treasury (bayt al-maal) or back to the sharers.6
2 1/267.
3 Those entitled to it are called in Arabic ashaab al-furoodh. (Translator's Note)
4 See Al-Matla', 1/304; Al-Lubaab Fee Sharh Al-Kitaab, 4/33; Al-'Adhb Al-Faa'idh,
unity. In this situation all the shares are abated proportionately by the
doctrine of al-awl which involves decreasing the fractional shares to a
common denominator, and increasing the denominator in order to make it
equal to the sum of the numerators. (translator's Note)
7 Agnatic heirs, or those who trace their relationship to the deceased only
through males, who are known as ‘asaba or "residuaries", take no fixed share
but receive the residue after the fixed shares are claimed by the sharers.
(Translator's Note)
8 Ashaab al-furoodh are also called Qur'anic heirs or sharers. These heirs, when
entitled to inherit, are given their fixed shares and the remaining estate is
inherited by the residuaries ('asaba). (Translator's Note)
9 See Musannaf Ibn Abee Shaibah, 6/272;Mustadrak Al-Haakim, 4/379; Al-Mughnee,
9/116; Tahdheeb As-Sunan, 8/82; Fath Al-Baaree, 12/31; Zaad Al-Ma'aad, 5/399;
Al-Insaaf, 7/309; Al-Mabsoot, 29/198; Al-Bahr Ar-Raa'iq, 8/572; Al-Istidhkaar,
15/511; and Rawdhat At-Taalibeen, 5/44.
Section One
The Jurists' Position on the Issue of Radd
14 Al-Insaaf, 18/118.
The second opinion does not accept the doctrine of radd (allocation
of residue estate to original sharers). This was the opinion of Omar [ibn
Al-Khattaab], Ali [ibn Abee Taalib], [Abdullaah ] ibn Mas'ood and
[Abdullaah] ibn Abaas15. It was also the opinion of the Hanafites16 and
the Hanbalites17. It has also been previously stated that the latter
scholars of the Shaafi'ee school of law adopted this view.
15 See Ibn Qudaamah, Al-Mughnee, 9/48; Sunan Al-Baihaqee, no. 12187 and Al-
Mabsoot, 7/570. Abdur-Razaaq reported on the authority of Ash-Sha'bee who
said, "Ali [ibn Abee Taalib] would return the residue to all sharers in
proportion to their original shares, except for the husband and the wife.
Abdullah would not return the residue to a mother's sister with the mother,
the son's daughter with a full daughter, not to a father's sister with a father's
and mother's sister, nor to a grandmother, nor to a wife, nor to a husband."
16 Al-Mabsoot, 7/570 and Al-Ikhtiyyaar fee Ta;leel Al-Mukhtaar, 10/286.
17 Al-Mughnee, 9/48 and Al-'Adhb Al-Faa'idh, 2/3.
18 Al-Umm, 4/76.
19 Surat An-Nisaa', 4:11.
20 Surat An-Nisaa', 4:12.
cousin; in addition, the brother from the mothers' side takes a sixth; this
does not mean, however, that he cannot take the rest if he is an agnatic
heir ('aasib), like being a cousin, for instance.
If it is claimed that their view is supported by another kind of
evidence apart from theses verse, we can confidently say that the
refutation of their evidence can also be supported by different evidence.
b. Furthermore, if the verses relating to inheritance prohibit an
increase they also prohibit a decrease. They do not adopt this
view, though, because they accept the doctrine of 'awl21. In fact,
the majority of scholars advocate 'awl, and their agreement on it
reaches consensus.
2. Allah's statement, "If a man dies, leaving no child but [only] a
sister, she will have half of what he left. And he inherits from her
if she [dies and] has no child."22
This verse, they claim, clearly indicates that the lone sister gets half
the estate and that the lone brother gets the entire estate. Therefore,
giving her the entire estate as a lone heir contradicts the Qur'an.23
The attempt to use this textual evidence can be refuted as follows:
The implication in this verse is that the fact the sister is mentioned
alone does not mean that this is absolute. The evidence for this is
that she can still get the half along with a 'aasib; this fixed portion
will not be affected even if she is with one of those entitled to fixed
shares, like being with the mother or the wife. If this is not what is
meant, the verse does not then indicate that the sister is forbidden
from taking the entire estate if she is alone. Furthermore, even if this
is not what is meant, then using this verse as evidence can still be
refuted by the same kind of refutation employed in the previous
verse.24
that (2) if the verse does prohibit an increase in inheritance it must also
prohibit a decrease; but they do not adopt the latter view.
25 Musannaf Abdur-Razzaaq, 10/287.
26 Ibid.
27 See Al-Istidhkaar, 15/486.
28 Surat Al-Anfaal, 8:75.
29 Al-Mabsoot, 7/570.
30 Al-Umm, 4/80.
34 Al-Mabsoot, 7/570.
35 See Al-Fath, 6/18.
36 See Al-Istidhkaar, 15/486.
37 Musannaf Abdur-Razzaaq, 10/286.
Section Two
Conditions of Returning the Residue to Ashaab Al-
Furoodh for Those Who Support This Opinion
Those who support the opinion that the residue of estate (radd) must
go to those sharers who are entitled to it, in proportion to their original
shares set two conditions40 for implementing it, namely:
1. The amount of shares to be given to the sharers must not
completely exhaust the entire estate, in which case no residue is
left over to be returned to the sharers entitled to it, in proportion
to their shares. In fact, there would be no residue left over if the
amount to be distributed is the same as the total estate or if the
amount of shares to be distributed exceeds the total estate, the
latter commonly known as 'awl.
2. There should be no agnatic heirs ('asabah), because if there
happens to be an agnatic heir he will take the residue of the
estate, whether he is a case of residuary in his own right (asaba-
bin-nafs) through lineage or walaa' (patronage), or in another's
Section Three
Those Heirs to be Given the Residue
The heirs entitled to the residue (Ashaab ar-radd) are those heirs who
never inherit by way of being part of the 'asabah, except for the spouses.
These are seven categories of heirs, namely, the mother, the
grandmothers, the daughters, the son's daughters, full sisters, paternal
sisters and the mother's sons (maternal brothers and maternal sisters).
In fact, this is the opinion of the majority of scholars who hold the
view that the residue is to be returned to the sharers entitled to it. Some
past scholars list these heirs in order of preference.42
Section Four
The Residue Concerning the Spouses
The majority of Muslim scholars are of the opinion that the two
spouses (husband and wife) are not entitled at all to receive the residue
left over the estate. The author of Al-Mughnee even goes as far as stating
that scholars are unanimously agreed in this regard. 43 The author of
Kitaab Al-'Adhb Al-Faa'idh44 also mentions that two noted scholars,
namely Sibt Al-Maardeenee and Ali ibn Al-Jammaal Al-Ansaaree, state
that scholars are unanimously agreed in this respect. The author of
Mughnee Al-Muhtaaj45 also quotes Ibn As-Sareej to this effect.
Mabsoot, 7/573.
43 See Al-Mughnee, 9/49.
44 Al-'Adhb Al-Faa'idh, 2/4.
45 Al-Mughnee, 3/7.
The reason why the two spouses are not entitled to receive the
residue is the verse which reads, "But those of [blood] relationship are
more entitled to [inheritance] in the Decree ordained by Allah."46
Almighty Allah has prescribed fixed shares for the heirs entitled to
prescribed shares (ashaab al-furoodh); therefore, no one should be given
more than his or her prescribed fixed share. Nor should the fixed
amount be reduced except with evidence. There is evidence that shares
are abated proportionately by the doctrine of 'awl which involves
decreasing the fractional shares to a common denominator, and
increasing the denominator in order to make it equal to the sum of the
numerators. There is also evidence that relatives are to be given the
residue left over when there is no 'aasib, as evidenced by Allah's
statement, "But those of [blood] relationship are more entitled to
[inheritance] in the Decree ordained by Allah."47 Therefore, there is no
evidence to the effect that the two spouses are to be given more than
what Almighty Allah has prescribed for them. 48
Even though there is unanimous agreement to this effect, very few
scholars maintain that the two spouses are entitled to the residue left
over (radd). It has been narrated that Othmaan ibn Affaan (may Allah be
pleased with him) held this view. In his book Al-Istidhkaar49, however,
Ibn Abd Al-Barr writes, "The report that Othmaan held this view is not
authentic. It could be that the husband [mentioned in the report] was
'aasib."
[Strangely enough,] Al-Mawsoo'ah Al-Kuwaitiyah (Kuwaiti
Encyclopaedia) attributes this view to Jaabir ibn Abdullaah (may Allah be
pleased with him).50
Some other people attribute this view to Sheikh Ibn Taymiyyah (may
Allah have mercy on him) just because he dealt with a case regarding a
Faraa'idh, p. 57
49 . Al-Istidhkaar, 15/486; see also At-Tahdheeb Fee Al-Faraa'idh, p. 175.
50 Al-Mawsoo'ah, 3/49-50. I believe that there is a mistake her; for among the
sources and refernces this encyclopedia uses was Al-Mabsoot, 29/192. In fact,
this source mentions Jaabir ibn Yazeed and not Jaabir ibn Abdullaah.
54 Ibid. 31/359.
Sheikh Ibn Sa'dee substantiated his view by saying that radd is the
opposite of 'awl; therefore, as the reduction with regard to the shares of
all the heirs including the two spouses, increase through radd also
applies to all the heirs.57
This view can be refuted by saying that the reason for the radd is the
blood relationship mentioned in the verse above, but there is no blood
relationship between the two spouses. The reason for 'awl, on the other
hand, is competition and it includes both spouses as well as others.
Furthermore, there is no need for this increase, as every heir will get
his share anyway. The division will be exact, and the remainder will go
to the public treasury. This is the reason why some scholars do not
advocate the concept of radd, as has been mentioned earlier. The
doctrine of 'awl, however, has to be advocated; otherwise, some decrease
will affect some heirs to the exclusion of others without evidence. It is
for this reason that there has never been a difference of opinion
concerning the doctrine of 'awl except to a very small degree by
Abdullaah ibn Abbaas whose opinion was opposed by the majority of
the learned scholars.
In his book Al-Mughnee58, Ibn Qudaamah writes, "Today, we do not
know of anyone who adopts the opinion of Ibn Abbaas; besides, we do
not know of any disagreement among jurists concerning the doctrine of
'awl in different Muslim countries. Praise be to Allah."
Ad-Durair also writes in Ash-Sarh Al-Kabeer59, "'Awl first appeared
during the reign of Omar [ibn Al-Khattab]; Omar supported it and
everyone else did; Ibn Abbaas, however, objected to it after the demise
of Omar. The entire Muslim community supported it, and no one
adopted Ibn Abbaas's view..."
not being a 'aasib is a condition for receiving the residue left over, as has been
discussed earlier on.
57 Al-Mukhtaaraat Al-Jaliyyah, p. 101.
58 Al-Mughnee, 9/93.
Section Five
How to Work Out Problems Relating to Radd60
All cases pertaining to the doctrine of radd may or may not have the
two spouses.
Examples:
A deceased person leaves one daughter: She takes the entire estate,
her fixed share as well as the residue. If the deceased leaves only a
mother, then the entire estate goes to her.
b. If those present who are entitled to the radd all belong to the
same class of heirs61, then the share they get will be according to
their number, just like the 'asabah.
Example: A deceased person leaves behind three daughters:
concerning the doctrine of radd, they can either be those entitled to receive
two thirds, or grandmothers or the mother's sons.
1/6 maternal 1
brother
62In this way, we should be able to return the ashaah al-furoodh in proportion to
their original shares. It is worth noting the following:
1. The asl (denominator) in such cases as these is always 6, then it is changed
into the number of shares according to each individual case, as in the
examples.
2. The classes of those entitled to receive the radd do not exceed three classes,
as has been proven by inductive reasoning. Otherwise, the case becomes
even or a case of 'awl.
The new
(3)/6 denominator
after the radd
1/6 mother 1
X2 4/6
8
1/2 daughter 3 6
any, will also be not considered in the matter; however, if the total
number of shares is less than the estate, then we have a case of radd; if
there is no 'aasib to take the remainder, he makes the total number of
shares the new asl. Regarding whether one of the two spouses is present,
this issue will be discussed in the second case.
Second Case: If one of the two spouses is present among those entitled
to receive the remainder (radd)
Those entitled to receive the remainder fall into one of the following
categories:
1. They may be one single person
2. They may belong to one particular class
3. They may belong to more than one class
(1) and (2) If they are one person or belong to the same class:
In this case, we use the denominator in the fixed share of one of the
two spouses who is among those entitled to receive the remainder (radd).
One of the two spouses receives his/her fixed share and the rest goes to
those entitled to receive the remainder (radd); then necessary changes, if
any, should be made.
Examples:
8 2
X3 2 6
1/2 husband 1 3
3 grandmothers 1 1/3
Note
If any of those entitled to receive the remainder is present with either
spouse, as is the case when there is a group belonging to the same class
of heirs or when there is a group belonging to different classes, as will be
discussed later, we need to ascertain whether the remainder (radd) is
involved in the matter or not. This can be done by following the same
procedure shown above. If the remainder is involved in the matter, we
solve the problem again by making the denominator of the any of the
two spouses' fixed share, who is present, the asl, and the rest should go
to the those entitled to receive the remainder.
The matter may involve the principle of 'awl63, in which case it is not
permissible to consider the denominator of any of the two spouses and
the remainder to be given to those entitled to receive radd. This only
applies when there is an inheritance problem in which there is a
63 'awl is applied where the shares exceed the heritage, such as where the
deceased leaves behind a wife, parents and two daughters (the shares being,
the wife's one-eighth, the parents' one-third, the two daughters' two-thirds;
here the estate falls short of the sum of one-eighth, one third and two-thirds
127/24]). Similarly, if a woman dies and leaves behind her husband and two
agnate sisters, the share of the husband is one-half, and that of the sisters two-
thirds; here the estate falls short of the sum of half and two-thirds (7/6). 'Awl
occurs only if the husband or the wife is present. (Translator's Note)
5/6
1/2 husband 3
X2 2 4
1/2 husband 1 2
Two maternal
2 1/3 sisters 1 2 each
64 In fact, there are many examples concerning the case where, along with the
husband, there is a group belonging to different classes and where the
remainder is not involved in the matter.
7/6
1/2 husband 3
This problem involves ‘awl rather than radd. If we say that the
husband takes his fixed share and the remainder goes to ahl ar-radd who
are with him in the problem, it will be wrong.
65 That is, we correct the fraction concerning to wives only if there are more than
one wife; as for those with them who are those entitled to receive the
remainder, we simply treat them as though they were one person, only in this
step, though.
66 Whoever desires to start with the division can delay correction until this stage
and the one before it until he gets to the new asl ( called jaami'ah). Then he can
correct it should the need arise. The result will certainly be the same. I prefer
to delay correction until jaami'ah is reached for two reasons:
1. To deal with the small numbers before correction, which is much easier
and more probably to avoid making mistakes.
2. The problem can be corrected after jaami'ah, in which case no correction
will be required.
Example:
Total
4x4 Shares of Heirs Entitled
to radd
4 3 16
6/4
¼ Husband 1 4
Daughter 3 1/2 3 9
Son's 1/6 1 3
Daughter
Explanation:
1. We calculate the marriage problem by using the denominator of the
husband's fixed portion (4) and we give his fixed share (1), and the
rest (3) goes to those entitled to receive the remainder; that is the
daughter and the son's daughter.
2. We calculate the problem concerning those entitled to receive the
remainder and we divide it between then we add up the shares only
to find that their number is less than the asl; so we change the asl (6)
to the total number of shares (4)
3. We compare between the problem concerning those entitled to
receive the remainder (4) and the remainder form the marital
problem (3) and we find that there is a case whereby they cannot be
divided by a certain number; we retain the entire number as it is.
4. We multiply the number retained as to radd case (4) by the marriage
case (4) and the product is 16, which is the jaami'ah.
Another Example:
5 7 Total
2X8 5X 2X 10 80
16 6/5