المعنى الاصطلاحي

An issue of inheritance where full siblings share with half siblings from the father's side along with the grandfather, so when he (the grandfather) takes his share, the siblings inherit as if there is no grandfather sharing with them.

الشرح المختصر

Mu‘āddah (an inheritance case) an issue related to the Islamic law of inheritance. Zayd, was the only one of the Companions, may Allah be pleased with them, who employed this issue, and more than one of the Muslim imams followed his practice in this regard. It is one of the six issues of inheritance where some heirs are excluded from inheritance due to the presence of someone who is not one of the heirs. These are some issues that are an exception to the inheritance rule that states: Anyone who is not entitled to inheritance should not be a reason for an heir to be excluded from inheritance. Ma‘āddah issue is based on the view that siblings may inherit in the presence of a grandfather. However, when the other view suggests that the siblings do not inherit in the presence of a grandfather under any case. "Mu‘āddah" is an approach employed in some issues of inheritance. When there are full siblings and half siblings from the father's side who share the inheritance with the grandfather, the half siblings from the father's side are treated as full siblings, so they share the inheritance with the grandfather. If the grandfather takes his share, the siblings take their share as if the grandfather is not part of the equation; such an instance can follow either of the following three scenarios: 1. That there are males among the full siblings, in which case there is no inheritance for the half siblings from the father's side. This is because full brothers prevent half siblings from the father's side from inheriting. For example: a person dies leaving behind a grandfather, a full brother, and two half brothers from the father's side. So the greatest share goes to the grandfather, which is a third of the wealth, because the brothers are more than the like of two of him, so he takes it, and the remainder is for the full brother, and the two half brothers get nothing. 2. That they are all full sisters, two or more. So it cannot be expected that something of the legacy would remain for the half siblings from the father's side, because the most that can remain after the grandfather's share is two thirds, which all belong to the two or more full sisters. For example: a person dies leaving behind a grandfather, two full sisters, and two half brothers from the father's side. So the most the grandfather can have is one third. Then the two full sisters inherit the other two thirds, and there is nothing left for the two half brothers. 3. That there is only one sister. Then she takes half the legacy as a prescribed share, after the grandfather takes his share. If something remains, the half siblings from the father's side take it, and otherwise they are entitled to nothing. For example: a person dies leaving behind a grandfather, one sister, and a half brother from the father's side. So the most the grandfather will get is a share in ratio to two shares of five by way of "muqāsamah" (equal sharing), then the full sister receives half the legacy as a prescribed share. The rest is for the half brother from the father's side.

التعريف اللغوي المختصر

"Mu‘āddah": participation. Derived from "‘add", which means to count and enumerate. "‘Adeed": a person counted from a certain people. "I‘tidād": consideration. Other meanings: the return of something after its cessation.

التعريف

A case of inheritance and the division of the estate when the deceased leaves behind his grandfather, full brothers and paternal brothers.