مقدمة

• The author of this book is سراج الدين محمد بن محمد السجاوندي, who passed away in 600 A.H.
• The knowledge which is discussed in this book is called علم الفرائض since it is the جمع of فريضة (shares), and shares are discussed in this knowledge.

Extra - There are a few other meanings of فرض as well. Since the knowledge of dividing inheritance contains all of these meanings, it is called علم الفرائض. These meanings include

1. Estimation/Evaluation (since shares are estimated and evaluated in this)
2. Something which is given without anything in return (since inheritance is given without any exchange)
3. Revelation (since Allah has revealed the rules of this knowledge in the Quran)
4. Clarification (since Allah has clarified the share of every inheritor)
5. Make permissible (since Allah has made these shares Halal for the inheritors)

• The importance of this knowledge can be gauged through the hadith of the Prophet ﷺ “Learn الفرائض and teach it to the people, for indeed it is half of knowledge.” There are a few interpretations as to why this knowledge is considered half of knowledge.
  1. Due to the widespread need and necessity towards this knowledge.
  2. A person has 2 states; life and death. He is dependent towards all the other knowledges in his life, and to the knowledge of inheritance after death.
• Learning this knowledge is Fard e Kifayah.

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The Hanafi scholars have mentioned 4 rights in order, which are attached with the wealth and property that the deceased leaves behind (تركة). The reason for restriction to 4 (وجه حصر) is—

1. First, his shrouding and burial, i.e, anything that he needs from the time of his death until his burial without any overspending or underspending. The deceased will receive a shroud equivalent to the value of what he used to wear in his lifetime. Furthermore, anything more or less than 3 for a man, and more or less than 5 for a woman will be considered over and underspending respectively.
2. Then, his debts will be paid off from whatever remains from his wealth.
3. Then, his وصية (bequeathment) will be executed from 1/3 of whatever remains after paying off the debts. For example, if he makes a Wasiyat to give Fidyah on behalf of all the prayers and fasts he missed, the inheritors must carry that out. However, it is not allowed to do Wasiyat for any inheritors due to the hadith “لا وصية لوارث,” unless the inheritors agree and consent to it. Similarly, if they consent to giving more than 1/3rd to a non-inheritor, it will be allowed.
4. Then, the remainder will be divided between his inheritors in accordance with Quran, Sunnah, and Ijmaa.