The Book of Inheritance

It is the knowledge of how estates are apportioned.

His statement: “The Book of Inheritance.” The author has designated it a “book” because it is an independent subject. He said, “inheritance,” rather than “estates,” even though estates is the broader term. For this reason, some scholars have called it “The Book of Estates,” which is broader than “The Book of Inheritance,” since estates include prescribed shares, agnatic succession, and inheritance by kinship. However, the author used the term “inheritance” because the prescribed shares are the foundation. The Prophet, peace and blessings be upon him, said: “Give the prescribed shares to those entitled to them, and whatever remains goes to the nearest male relative.” (1) Since they are the foundation and take precedence, he entitled the chapter accordingly.

In linguistic usage, farāʾiḍ (prescribed shares) is the plural of farīḍah, meaning something prescribed. It is a form conveying the meaning of something acted upon. Linguistically, farḍ means making an incision or cutting: if you score something with a knife, that is called farḍ; likewise, if you cut it with a knife, that is called farḍ. Its technical meaning, however, differs. Thus, the obligatory elements of ablution are not the same as the prescribed shares discussed here. The technical meaning of prescribed shares is therefore explained in each field according to what suits it. Here, he says:

“It is the knowledge of how estates are apportioned,” and it is of two types: legal and technical,