#184: Ruling on Inheritance
QUESTION:
ON INHERITANCE
Assalamu alaykum. What will be the percentage of each person in a wealth for inheritance- if it is to be divided for the following.
1. Children of the deceased. Two male and two female.
2. One elder brother from the same mother and different father.
3. Two younger brother and a sister from the same father and different mother.
ANSWER:
Wa alaykum salam!
I hope this question is a real life one because scholars have warned against hypothetical questions in issues of inheritance unless for during ikhtibaar (examination)
Alhamdulillaah for your question since its a real life situation.
In the case you describe, we have 2 sons, 2 daughters – the sons are both As’haabu Al-Furud and Asabah; the daughters are merely As’haabu Al-Furud.
And we have 2 paternal brothers and 1 paternal sister – the sister is of the as’haabu al-furud and the brothers of the asabah.
Having said that, we look for any ‘Hajb’ (screening or blocking); and we find here that there is ‘Hajb’
It is said in Ar-Rahbiyyah:
“وتسقط الإخوة بالبنينا * وبالأب الأدني كما روينا”
“And the (right of the) brothers fall with the (presence of) the sons; in likeness with the father even if low in pedigree as was transmitted to us”
Allah mentioned this in the Qur’an:
“وإن كان رجل يورث كلالة أو امرأة وله أخ أو أخت فلكل واحد منهما السدس فإن كانوا أكثر من ذلك فهم شركاء في الثلث)
“And if a man or a woman in inherited by Kalaalah and he has a brother or a sister, then each of them should have a 6th but if they are more than that them they are partners in a 3rd”
“إن امرء هلك ليس له ولد وله أخت فلها نصف ما ترك”
“If a person dies and has no son and has a sister, then she inherits half of what he left…”
The condition mentioned is absence of a son.
Sabtu Al-Maradīnī says:
“And the right of the brothers fall also by the sons and the grand sons of progeny. And what is meant is not merely when they are more than one. Instead, what is referred to is that it also makes ‘Hajb’ of a single brother or two. And in like manner, the way plural sons or grandsons make ‘Hajb’ of them, a single son or grandson – even if descended of progeny – makes ‘Hajb’ of them all…”
(Sharhu Ar-Rahbiyya)
This implies that in the case presented, only the sons and the daughters have a right to inherit by Furud.
And in the Qur’an, Allah made the children the first right of inheritance when he said:
“يوصيكم الله في أولدكم للذكر مثل حظ الأنثيين”
“Allah commend you as regards (the inheritance of) your children. For each male is the share of two males.”
Therefore, in this case, everything of the wealth is shared between the children alone since there are no parents or spouse.
In the sharing – since we have 2 daughters and 2 sons – we divide everything into 6 shares. Each son takes 2/6 and each daughter takes 1/6
Allaahu A’alam!
Question: I Forgot to add that There are also 2grand children from the daughter of the deceased.
Answer:
In the presence of grand children.
Grandchildren can only inherit if:
A. They come from the sons of the dead and not from his daughters.
B. Their own father is deceased. In other words, a grandchild cannot inherit when his father – who is a son – is alive.
Also, an unborn child (or grandchild) can only inherit if the deceased passed away while the grand/child was in pregnancy
Therefore in the question you asked, the grandchild must be from the 2 sons, their own father must be deceased, and their mothers must be pregnant of them before the death of the deceased.
Only then can we include them in the calculations.
Note: There is no inheritance for them if their mothers were not pregnant of them as at that time of demise of their grand parent.
Allaahu Aa’lam!
BaarakaAllahu feekum!
📨@IslamNode📤
