'Asaba (Residuary Heirs)

**Definition:** Al-'Asaba are those who inherit without a fixed share. If alone, the 'asib (residuary heir) takes all the wealth. If with fixed-share heirs, he takes what remains after the shares. **Evidence:** The Prophet ﷺ said: "Give the shares to those entitled to them, and what remains is for the closest male" [Bukhari & Muslim] --- **Three Types of 'Asaba:** **1. 'Asaba bi-Nafs (Residuary by Himself):** These are: Son and his son (no matter how low), father and grandfather through father (no matter how high), full brother and paternal brother and their sons (no matter how low), full uncle and paternal uncle (no matter how high) and their sons (no matter how low), and the emancipator (male or female). - If one of them is alone, he takes all the wealth - If with fixed-share heirs, they take what remains - If nothing remains, they are excluded **2. 'Asaba bil-Ghayr (Residuary by Another):** These are: Daughter, son's daughter, full sister, and paternal sister - each one with her brother. - Son's daughter is also made residuary by her equal-level cousin (brother's son) or nephew if she needs him - Others among males (like nephews through brothers, uncles, and their sons) do not make their sisters residuary **3. 'Asaba ma'a-l-Ghayr (Residuary with Another):** Full sisters or paternal sisters become residuary when with daughters or son's daughters. **Priority Rules:** When multiple 'asaba gather: - If same relationship and degree: they share equally (like brothers) - If different relationship: the stronger takes precedence (like son over father) - If same relationship but different degree: the closer takes precedence (like son over grandson) - If same relationship and degree but different strength: the stronger takes precedence (like full brother over paternal brother)