Kadihan (rahmatullahi ta'ala 'alaih) says that if the spouse of a deceased woman is the only remaining heir, and the decedent bequeathed half of the property to a third party, this third party will be entitled to half of the property. One-third is received by the spouse. One-sixth will be received by the Bayt-ul-mal (the treasury). The third party first will receive one-third. The half of the remaining two-thirds, (which translates to one-third of the inherited property), is to be received by the husband. After this distribution, one-third of the inherited property remains. By giving one-sixth of this remaining part to the third party, the half of the inherited property which was bequeathed to him has been transferred. The remaining one-sixth will belong to the Bayt-ul-mal, for the remaining part is not to be given to the spouse. If the decedent bequeathed half of the property to the spouse (husband), the entire property would belong him.
It is written in Fatawa-i Hindiyya, "Supposing a deceased woman has a husband, a sister, and a sister by her father; half (of the inheritance) falls to the husband, half to the sister, and one-sixth to the sister by her father, and the basis of the problem makes awl (changes) from six to seven. If there were a brother by her father too, he would cause the sister by her father to fall from her share of fard and become an asaba. And because there would be nothing remaining from the husband and the sister, the sister by father would get nothing.
ZAWIL - ARHAM
1 - If there exists no Ashab-i faraid or asaba, or if there is only the husband or the wife, the inheritance is given to the zawil-arham. The expenses of the funeral arrangement, such as washing, shrouding and burial, and the payment of the human debts having been deducted from the inheritance, one-third of the remainder is spent for the fulfillment of the (decedent's) will. Two-thirds of the rest are given to the closest of the zawil-arham. The zawil-arham consists of five classes, which are as follows in respect of their closeness to the deceased:
1 - The first class subsumes the decedent's furu'. Furu', (sing., fer'), means children. (The decedent's) daughters, children, (the decedent's) son's daughters' children and their progeny are in this class.
II - The second class subsumes the decedent's asl, which are the fasid [ Fasid grandfathers and grandmothers are those in the female line.] grandfathers, the fasid grandmothers, and their parents. Also in this class are the decedent's mother's father and also the father or mother of this last member.
III - The third class subsumes the decedent's father's furu'. All kinds of sisters' children or grandchildren and uterine brothers' children and all kinds of brothers' daughters or grandchildren are in this class.
IV - The fourth class subsumes the grandparents' furu'. Paternal aunts, maternal aunts, maternal uncles and paternal uncles uterine are in this class. The paternal uncle uterine is one's father's brother uterine. Those paternal uncles who are the father's brothers by the same father and mother or by the same father only are asabas. All kinds of paternal uncles' daughters and their progeny are all in the fourth group.
V - The fifth class subsumes the father's or the mother's grandfathers' furu'. The mother's or father's paternal aunts, maternal aunts and maternal uncles, the father's paternal uncles uterine, the mother's paternal uncles, the mother's and father's paternal uncles' daughters, and the mother's paternal uncles' children are in the fifth class.
2 - If only one of the zawil-arham exists and none of the other heirs exists, this person gets the entire property. If there is only one person in one of the five classes of the zawil- arham, those who are in the following classes cannot be heirs even if they are closer to the deceased. If there are several people in the same class, the ones who are closer to the deceased deprive the ones who are farther of the inheritance. For example, if the mother's father exists, his (mother's father's) mother or father cannot be an heir. Likewise, if the maternal uncle and the maternal uncle's son exist, the maternal uncle's son cannot get any inheritance. Next, one who is related to the deceased by two linkages deprives one who is related by one linkage. For example, when there is a maternal uncle by both parents, (that is, mother's brother from the same father and mother), a maternal uncle only by the same father, (that is, mother's brother only from the same father), cannot be an heir. In case of equality in these respects also, one who is related to the deceased through an heir becomes the heir. For example, if the son's daughter's daughter exists, the daughter's daughter's son cannot be an heir. For, the former is of the progeny of the owner of the fard.
3 - If there is difference in the directions of closeness; for example, if the father's mother's father and the mother's father's father both exist, the one in the father's direction gets two- thirds, and the one in the mother's direction gets one-third.
4 - In case of equality in respect of the degree of closeness, the strength of closeness and the direction of closeness to the deceased, and if none of the concerned is related to the deceased through an heir, the inheritance is divided so that the men get twice as much as the women do. An example of this would be the existence of both the daughter's son and the daughter's daughter.
The person who has helped a murderer, like the murderer, cannot get any inheritance (from the murdered). This, of course, has the stipulation that they should have reached the age of discretion and puberty. One can be a renegade's heir. But a renegade cannot be a Muslim's heir.
It is stated in the final chapters of the books Hadiqa and Bariqa, as well as in the books Sayf-us-sarim and Inqaz-ul-halikin and Jila-ul-qulub: "If a person donates gold coins or silvers to a public foundation and provides that they should be spent on good deeds such as reading Qur'an al-karim, performing supererogatory namaz, saying prayers such as tasbih, tahlil, mawlid and salawat and the thawab for these pious deeds should be donated as gifts to his soul and to the souls of people he names, this will is not sahih, for it is bidat to make such a donation. He or the people he names will not receive the thawab donated. Money accepted in return for these services will be a fee for the pious deeds, which is an act of haram. If some people perform these pious deeds voluntarily and donate the thawab (they will earn for these pious deeds) to people they choose, alive or dead, those people will receive the thawab. And it will be halal for them (people who do these pious deeds) to accept the gifts donated to them without bargaining. Donation of this sort will be sahih."
A lawyer named Toma Andoniaki Bey from the Istanbul Bar, gives information about Ottoman law in his book Kamus-i Kavanin (Dictionary of laws), published in 1310 [1892 A.D.] in Istanbul, and provides further details regarding the distribution of inherited property. A lawyer from Adana, Kasbaryan Bey, wrote about Majalla and explained fourteen other Ottoman laws article by article in his book Juzdan-i Kavanin-i Osmaniyye (Pamphlet of Ottoman laws) printed in 1312 [1894 A.D.] in Istanbul
24 - SECOND VOLUME, 16th LETTER
This letter, written to Badi'uddin Saharanpuri, informs us about life in the grave and about the thawab of plague.
Hamd be to Allahu ta'ala. Salam be to the good people chosen by Him! Your valuable letter has reached us. You write that in your part of the country two horrific series of events have commenced, and that one of them is the ta'un [plague] and the other is the qaht [food famine]. May Allahu ta'ala protect us and you against calamities. May He bless us all with good health!
"This great catastrophe notwithstanding, we are still praying day and night and waiting upon the will of Allahu ta'ala. Our hearts are with Him momentarily," you write. Upon reading this, we paid our hamd to Allahu ta'ala and thanked Him. At such times as this, recite the four Quls very often! [That is, say the suras beginning as "Qul ya ayyuhal kafirun...," "Qul huwallahu..." and "Qul a'udhu..." This will protect you against the harms of genies and human beings!]
The sunnat prescribes that a man's shroud must consist of three parts. It is bidat to wrap a turban. A piece of paper called Ahdnama, [on which the answers to be given to the interrogating angels and the prayers such as istighfar are written], must not be put in the grave. Otherwise it will cause the blessed letters and names to be smeared with the foul emissions of the dead person; and it has not been commanded by any [of the four] basic proofs [of the Sharia]. The savants of Mawara-un nahr [Transoxiana, the cities between the rivers Syr Darya (Jaxartes) and Amu Darya (Oxus) near the Aral Sea] never did so. It is good to put a savant's shirt on the deceased instead of a qamis. Martyrs' shrouds are their clothes. [Those martyrs who have died of a wound by a gun are not washed or shrouded. Those who die in combat without being wounded or who die of an epidemic disease or in a catastrophe still get the thawab of martyrs, but they are washed and shrouded]. Abu Bakr- i Siddiq (radiallahu 'anh) enjoined in his last will, "Shroud me with these two pieces of clothes of mine!"
Because life in the grave is like worldly life in one respect, the deceased makes progress and gets promoted. Life in the grave is different with different people. It has been said that Prophets 'alaihimussalam' perform namaz in their graves. As our Prophet 'sallallahu 'alaihi wasallam' went by the grave of Musa ('alaihissalam) on the night of Miraj, he saw him performing namaz in his grave. When he ascended to heaven at that moment, he saw Musa 'alaihissalam' in heaven. Life in the grave is a wonder. Nowadays, studying the life in the grave on account of my deceased eldest son [Muhammad Sadiq 'rahmatullahi 'alaih'], I have been observing wonderful mysteries. If I were to divulge only a few of them, due to their being beyond the mind's range they would cause mischief and a disturbance. The Arsh is the ceiling of Paradise. But the grave also is one of the gardens of Paradise. The mind's eye cannot see this. The astonishing things in the grave are seen with a different eye. Belief in this, weak as it may be, causes one to be saved from torment. However, to be able to utter that beautiful word [Kalima-i tawhid] at your last breath it is necessary to [obey the Sharia in the world and to] do pious deeds.
It is a grave sin to abandon a place stricken with plague lest you should die. It is like deserting the battlefield. A person who does not leave the place of plague and who puts up with it patiently will get the thawab of martyrs when he dies. He will not suffer any torment in the grave. If this patient person does not die, he will get the thawab of ghazis (those who survive a Holy War).
25 - SECOND VOLUME, 17th LETTER
This letter, written to Mirza Husamaddin Ahmad, explains that worldly troubles will promote a person though they taste bitter, and states the value of dying of plague.
First, I extend my hamd to Allahu ta'ala and send my salawat to our Prophet (sallallahu 'alaihi wasallam), and then I pronounce a benediction over you. I have been disturbing you with my letters. Shaikh Mustafa has delivered your valuable letter, in which you advise us to be patient about the misfortunes that have befallen us. We have been honored with reading it. All of us are Allahu ta'ala's property. All of us will go before Him! The misfortunes that have fallen upon us are, outwardly, very smart, very bitter. But in reality they are progressive and exalting medicines. [Certainly, a medicine will be bitter]. The benefits which these bitter events produce in this world cannot be a hundredth of the blessings which we expect to be given in the Hereafter. Then, the child is a great blessing from Allahu ta'ala. As long as it lives you reap many benefits from it. And its death brings you thawab and promotion. The great savant Muhyissunna Bagawi (rahmatullahi 'alaih) says in his book captioned Hilyat-ul abrar: "When Abdullah ibn Zubair was the Khalifa plague broke out, and it bereaved Anas bin Malik (radiallahu 'anh) of eighty-three of his children. Having been a servant of our Prophet's (sallallahu 'alaihi wasallam), he had been honored with his (the Prophet's) a benediction of barakat and abundance over him. The plague bereaved also Abdurrahman bin Abi Bakr Siddiq (radiallahu 'anhuma) of forty children." With this having been done to the Sahaba ('alaihimurridwan), who are the best and the most valuable of mankind, how could we expect to be taken into special accounts so sinful as we are? A hadith ash-Sharif declares, "The plague was sent as a torture onto the previous ummats. For this Umma it is a cause of martyrdom." Indeed, those who die of plague die in astounding serenity and with tawajjuh towards Allahu ta'ala. On this day of calamity one longs to join that blessed company; one desires to leave the world and accompany them in their cruise to the Hereafter. The catastrophe of plague may seem to be wrath and torment upon this Umma, but essentially it is (Allah's) compassion. Mayan Shaikh Tahir said that during the days of plague someone in Lahore had heard some voices saying, "Shame upon anyone who does not die during these days!" It is true! When due attention is paid to the states of these martyrs, bewildering states, occult occurrences are observed. Such blessings are exclusive only to those who sacrifice their lives for Allah's sake.
Sir! The bereavement of my most cherished son has been a very great catastrophe. It has scorched me. No one has suffered such a burning grief. Yet at the same time the blessing of patience and gratitude, which Allahu ta'ala has bestowed on this weak-hearted faqir, me, against this catastrophe, has been one of His greatest gifts. I pray that Allahu ta'ala will not give the reward for this catastrophe in the world and will give it in the Hereafter! However, I am not unaware of the fact that this wish of mine originates from the depression in my heart. For, His mercy is endless and His compassion is profuse. Both in this world and in the Hereafter, He gives profusely. What we expect from our brothers is that they help and rescue us by praying for our guidance toward iman in our last breath and for the forgiveness of our sins, which we have committed out of human weaknesses. O our Allah, forgive us and do not let us deviate from the right way! Help us defend ourselves against unbelievers! Amin. I send my salam to you and to those who are on the right way.
26 - THIRD VOLUME, 15th LETTER
This letter, written to Mir Muhammad Numan 'qaddas-Allahu ta'ala sirrah ul-'aziz', informs that the troubles and pains coming from the Beloved are, to the lover, sweeter than His blessings and sweets.
Hamd be to Allahu ta'ala and salam to those people beloved and chosen by Him! My dear sayyid brother! Listen with attention! I have heard that our good-willed brothers have had recourse to all kinds of remedies so that we mightrid ourselves of our grief and that none has availed. The hadith ash-Sharif, "There is khayr, goodness in what Allahu ta'ala creates and sends," is well-known. Being human, for some time we sorrowed over the events that had befallen us; we felt annoyed. But after a few days, with the favor of Allahu ta'ala, the sorrows and grievances disappeared, not a bit of them being left. They left their places to joy and relief; for, those who have been disturbing us have been wishing and doing what Allahu ta'ala wills. Hence, it has been realized that it would be useless to feel sorry or grieved and that a person who claims to love Allahu ta'ala must not feel so. For, the afflictions which the will of the Beloved sends upon the lover must be, like the favors coming from Him, endearing and sweet to the lover. As the Beloved's favors come sweet, so should His hurting. In fact, one must find more pleasure in the bitterness than in the sweetness coming from Him. For, pains and distresses do not please the nafs. The nafs does not like such things. When Allahu ta'ala, who is beautiful in every respect and beautiful from every aspect, wills to hurt this slave of His, His will must, certainly, come sweet to the slave. As a matter of fact, he must take delight in it. Because the wills and wishes of those who have been disturbing us concur with Allahu ta'ala's will, because their will indicates the will of the Beloved, what they will and do also is certainly beautiful and sweet. A person's work indicating the Beloved's work is, like the Beloved's work, endearing and sweet to the lover. Therefore, that person also becomes beloved for the lover. Amazing to say, the greater the pain and torture that person inflicts on the lover, the sweeter they come to the lover. For, the tortures inflicted by him show that the Beloved is like an enemy. The doings of those who have gone out of their minds in this way are beyond the mind's grasp. In summary, to retort upon that person, or to loathe him, is repugnant with loving the Beloved. For, that person is like a mirror reflecting the Beloved's deeds. Those who disturb and hurt us seem more lovable than others. Tell our brothers and friends! They must not be sorry or worried about us. They must not loathe those who hurt us. And they must not hurt them! (On the contrary), it will be quite right if they are happy about what those people have been doing. Yes, we have been commanded to pray. Allahu ta'ala likes those who pray, who hang their heads before Him, who beg and invoke Him. Such behavior pleases Him. Pray for the dispelling of the pestilence and trouble! Beg for forgiveness and good health!
I have said that that person's hurting us presents the Beloved as an enemy. It is the case, because the Beloved's enmity is for enemies; His enmity towards His friends is only in appearance; and this indicates His mercy and pitying. Such outward enmity of His are of so many benefits to the lover that they could not be tallied. Furthermore, His displaying such behavior, which seems like enmity to His friends, destroys those who do not believe these facts and brings ruination to them. Muhyiddin-i Arabi 'qaddas-Allahu ta'ala sirrah ul-'aziz' says, "The Arif does not have an intention or purpose," which means, "A person who knows Allahu ta'ala does not have recourse to anything for getting relief from a nuisance." The meaning of this statement must be learned well. For, he (the Arif) knows that distresses and calamities come from the Beloved, that they are His will. Now, does he want to part with something sent by the Beloved and yearn for its deserting him? Yes, he prays and entreats for it to go away; but this he does to obey the command that he must pray. Actually, he does not wish it to go away at all. Everything coming from Him pleases him and comes sweet to him. May Allahu ta'ala give salvation to the adherents of the right way! Amin.