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Miscellaneous Issues of Inheritance

2936. The Holy Qur’an, a ring, and a sword of the deceased and the dress or the clothes that he/she has got for wearing, if not worn, belong to the eldest son. And if of the 4 things, the deceased has left more than one, for example if he has left two copies of the Qur’an, or two rings, if they are used or ready for use, they belongs to the eldest son.

2937. If the deceased has two eldest son, for example, if his two sons are born of two wives at one and the same time, they should divide his clothes, Qur’an, ring and sword equally between themselves.

2938. If the deceased is indebted, and if his debt is equal to his estate or more, the four things which belong to the eldest son, as mentioned in the preceding rule, should be given by him for the settlement of the debt. And if the debt is less than the estate, and if the debt cannot be set off by what remains of the estate after setting apart the four things for the eldest son, the eldest son should give those four things. For example, if the entire estate of the deceased is 60, and the articles given to the eldest son are worth 20, and the deceased has a debt of 30, the eldest son will proportionally pay 10 from four things he received from the deceased

2939. A Muslim inherits from a non-Muslim, but a non-Muslim does not inherit from a deceased Muslim, even if he be his father or son.

2940. If a person kills one of his relatives intentionally and unjustly, he does not inherit from him. But, if it was due to some error, for example, if he threw a stone in the air and by chance, it hit one of his relatives and killed him, he inherits from him. Nevertheless, he does not inherit from the Diyah (blood money) for the killing.

2941. If it is determined to divide the estate of a deceased person, then if the dead person has a unborn baby in mother’s womb, and there is his/her category other heirs such as children, father or mother of the deceased person, the baby who is in mother’s womb is entitled to a share of estate, provided that he/she is born alive and the share of two sons must set aside for this purpose. But if there is a possibility that the mother gives birth to a triplet, three son’s shares must be set aside. Then, if one boy or one girt is born, the rest of remaining estate will be divided among all of them.