Question 324: Salam sheikh…what is awl and tasib…i just asked bcs you know im not too familiare with shia beliefs
Answer 324: In the book of Islamic inheritance there has been mentioned two important issues regarding Ta`síb and Awl. Shia and Sunni have different opinion in this regards. According to some verses of the Holy Quran and narrations from Ahlul Bayt (pbuth), Shia unanimously believe that Awl and Ta’sib are null and void.[1]
If the surviving heirs of a deceased inherit by Fard, they shall inherit in one of the following ways.
Firstly, If the inheritance of the deceased is equal to the prescribe shares without any surplus or deficiency, as when the heirs are the parents and several daughters, then two-thirds shall go to the daughters and a third to both the parents, a sixth going to each of them.
Secondly (Ta’sib), if the inheritance exceeds the amount of the shares, the surplus shall return to the sharers, and it shall not go to the Asabah of the deceased, that means every male who is related to the deceased directly or indirectly through males.
If the heirs are confined to a single daughter and the mother, the daughter shall get a half by Fard and the mother a sixth by Fard, and the surplus shall revert to both of them in fourths in proportion to their shares.
If the heirs are confined to several daughters and the mother, the daughters shall get two-third by Fard, and the mother a sixth by Fard, and the surplus shall revert to the daughters and the mother in fifth in proportion to their shares, and the Asabah shall get dust (i.e. nothing).
Thirdly (Awl), if the inheritance falls short of the amount of shares, and that happens by the inclusion in the heirs of one or two or more daughters or one or two or more sisters by both subjected to Awl in proportion to all due to their inclusion. If the heirs of the deceased are confined to a daughter, husband and both parents, the prescribed shares of the husband and both the parents shall be given to them, and the deficiency, that is half of the sixth (of the deficiency, which is a fourth of the estate, shall fall on them. The same shall happen in other similar cases as well.
The surplus shall not revert to the following shares:
- The wife in general. So she shall be given her prescribed share, and the residue shall revert to the other classes including even the Imam (as).
The Husband, he shall be given his prescribed share, and the residue shall go to the other heirs, except when the heirs of the deceased are confined to him and the Imam (as), in which case a half of the estate shall revert to him in addition to his own prescribed share.
The mother, when there is someone excluding her from the return, as has already been mentioned.
The brothers or sisters by mother in all circumstances in the presence of anyone of the parental grandfathers or grandmothers, or anyone of the brothers or sisters by both parents or by the father, as already mentioned.
The male children or the female children accompanied by male children inherit by virtue of Qarabat. Same is the case with a father provided the deceased has left no child.
The same is the case with the grandfathers and grandmothers in general, or the brothers or sisters by both parents or by father provided there are some males among them. The same is the ease with all the groups belonging to the Third Class from among the paternal uncles and aunts and their children, who inherit by Qarabat, and net by Fard.
If an heir inheriting by Fard is combined with one inheriting by Qarabat, then the sharer shall get his prescribed share and the residue shall go to the hair inheriting by Qarabat. If both the parents are combined with the male or female children, both the parents shall get their prescribed shares, that is, two-sixths, and the residue shall go to the children by Qarabat. If both the parents are sole heirs, then the mother shall get a sixth if combined by a Hajib and a third by Fard in his absence, and the residue shall go to the father by Qarabat. If one or several sisters by both the parents combine the maternal grandfather or grandmother, then the sister or sisters shall get the prescribed share, and the residue shall go to the grandfather or grandmother by virtue of Qarabat. Similar is the case with ethers than those mentioned.[2]
Ta’sib: according to Ahlul Sunna, the six kinds of shares determined in the Qur’an at times equal the whole estate, such as two daughters along with parents (2/3 + 1/6 + 1/6). Here the question of ‘awl and ta’sib does not arise, because the two daughters will take two-thirds and the parents one-third.
At times the total of the shares does not exhaust the whole estate, such as the case of a single daughter, whose share is half, or two daughters, whose share is two-thirds. This (in Sunni schools) results in ta`sib.
When the total shares exceed unity—such as when the husband, the parents and the daughter inherit together, the share of the husband, the daughter and the parents being one-fourth, one-half and one-third respectively—the estate cannot cover all the three shares together. This results in `awl. `Awl will be discussed in the second chapter.
Awl: According to Ahlul Sunna, `awl is applied where the shares exceed the heritage, such as where the deceased leaves behind a wife, parents and two daughters (the shares being, the wife’s one-eighth, the parents’ one-third, the two daughters’ two-thirds; here the estate falls short of the sum of one-eighth, one third and two-thirds 127/24]). Similarly, if a woman dies and leaves behind her husband and two agnate sisters, the share of the husband is one-half, and that of the sisters two-thirds; here the estate falls short of the sum of half and two-thirds (7/6). ‘Awl occurs only if the husband or the wife is present.
The schools differ regarding the issue. Will the deficit, in such a case, be diminished proportionately from the shares of all the sharers, or will it be diminished from the shares of only some of them?
The four Sunni schools accept the doctrine of ‘awl, the rule that all the shares will be diminished proportionately, exactly like the creditors’ claims when the assets fall short of meeting them. Hence if the heirs are wife, parents and two daughters, according to these schools it will be an instance of ‘awl. The obligation is met by dividing the heritage into 27 parts, though it earlier comprised 24 parts. The wife will take 3/27 (i.e. her share becomes 1/9 instead of 1/8), the parents take 8/27 and the daughter 16/27.
[1] . Al-Kafi, Vol. 7, Page 79, Chapter: Ibtalel Awl; Wasael al-Shia, Vol. 26, Pgs. 73-75, Publisher Alul Bayt; Oyoun Akhbar al-Ridha (as), Vol. 2, Pg. 165; Elalul Sharae’, Vol. 2, Pgs. 567-569; Man La Yahdhurul Faqih, Vol. 6, Pg. 123-124; Ibid, Vol. 4, Pg. 256.
[2] . Tahrir al-Wasilah of Imam Khomeini, Vol. 4, Pgs. 44-46 (English version)