By Mufti Mahmud Hasan Ajmeri
Translated by Muhammad Saifur Rahman Nawhami – 25 Rabi II 1437 | 5 February 2016
We praise Allah Almighty and send salutations to His noble Prophet.
Before starting any subject the introductory matters are mentioned so that the student may find it easy to learn and understand. Hence, before starting ilmul fara’id, we shall write the definition (ta’rif), subject matter (mawdu’), objective (ghard wa ghayat), some keywords and technical terms so that you may find learning this subject easy.
Definition: This is the knowledge of the rules and cases of fiqh which if known one will be informed of (1) the legal heirs of the deceased and (2) the legal principals of how to determine the shares of their inheritance.
Subject matter: The deceased’s estate (tarkah) and the eligible heirs (waratha).
Aim and objective: The aim of this knowledge is to discover the eligible heirs of the deceased’s estate and their share.
Etymology: Fara’idh (فرائض) is derived from faridhah (فريضة) which means to fix. This knowledge is called ilmul fara’idh as the shares that are stated for the heirs, their amount are fixed by Allah Almighty himself.
Virtue: The Prophet of Allah (peace be upon him) says, ‘Knowledge is of three and all else is a bonus: the clear ayat, established sunnah and the fair share’ (Abu Dawud). The Prophet (peace be upon him) also said, ‘Learn inheritance and teach it’ (Ibn Majah). In another narration, [he says], ‘It is the first thing which will be taken from my ummah‘ (Majma’ al-Anhur).
قال رسول الله صلي الله عليه وسلم العلم ثلاثة، و ما سوي ذلك فهو فضل: اية محكمة، أو سنة قائمة، أو فريضة عادلة رواه أبو داود و قال صلي الله عليه و سلم أيضا تعلَموا الفرائض و علّموها، فإنها نصف العلم رواه ابن ماجة و في رواية أخري في مجمع الأنهر و هو سنتي و هو أول شئ ينزع من أمتي.
In consideration of these narrations, the importance and virtue of this knowledge over other subjects is apparent. Furthermore, before commencing on this subject, it is important that the student know mathematics in addition to sarf, nahw and the masa’il of fiqh.
Tarkah: Any asset or property (be it real or owed) which remains after a person has died minus any asset associated with the rights of another person. For example, the asset of the deceased which the deceased has placed as a security of a loan or an asset which was bought but not paid and the buyer dies before taking possession of the asset. In these cases, as the lender or sellers right is associated with the asset, it will not be included within the tarkah.
Keywords: Mayyit (the deceased person), Tarkah (the net asset of the deceased), Warith pl. Waratha (heirs: a person entitled to inherit the asset of the deceased person), Fara’id (inheritance)
[Mu’in Fara’id is a standard primer for mirath which is taught before or in conjunction with Siraji]