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The question

What are the explanations of the terms "fard (fixed share), ta'sib (agnatic inheritance), hajb (exclusion), ta'sil (ascertainment of the original share), tas'heeh (correction), 'awl (proportional reduction), and radd (proportional return)" in the science of inheritance, with examples for each?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

1. Fardh (prescribed share) linguistically: Estimation. Among jurists of inheritance: The specific portion from the Lawgiver (Allah).

2. 'Asabah (agnatic heirs) linguistically: A man's paternal relatives. Islamically: Every heir who does not have a pre-determined share in the Qur'an and . They inherit all the wealth or what remains after the prescribed shares.

3. Hajb (exclusion) linguistically: Prevention. Islamically: Preventing an heir from inheriting completely (exclusion of deprivation) or partially (exclusion of reduction) due to the presence of someone with a prior claim.

4. 'Awl (proportionate reduction) linguistically: Increase. Islamically: The total sum of the prescribed shares exceeding the original basis of the inheritance problem, which necessitates a reduction in each heir's portion.

5. Radd (return) linguistically: Return. Terminologically: Distributing the remainder after the prescribed shares to the lineal heirs with prescribed shares, in proportion to their shares, when there are no 'asabah.

6. Ta'seel (determining the root): The root of the inheritance problem, which is the smallest number from which the heirs' shares can be taken as whole numbers without fractions.

7. Tasheeh (correction): Adjusting the shares into whole numbers if the amount due to some heirs cannot be divided among them as whole numbers.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
63080
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Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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