Question Summary:
How to distribute inheritance in the following situation? Question Detail:
InshaAllah you are in the best of health and spirits.
I would be grateful for your answer to the following case:
We are four brothers and one sister. Our mother is also alive. When our father passed away he left behind three properties (houses) and some land in Bangladesh. Before his passing, he stated that upon his death one of the properties (he specified the exact house) was to be given to our sister and the rest of the property and land was to be divided between the brothers.
We would like to know whether our late father’s wish is binding upon the inheritors or whether all his properties, including the specific house he wished for our sister, and land are to be divided between the four brothers, one sister and mother in accordance with the Sharia laws of inheritance? In other words, are the four brothers and mother obliged by Sharia to pass over ownership of the specified house to our sister and divide up the rest of the properties and land between the brothers and mother?
If the answer is that all the properties and land are to be divided up between the mother, sister and four brothers, please specify how this is to be apportioned. What fraction are the different parties entitled to?
Answer :
In the Name of Allah, the Most Gracious, the Most Merciful.
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh
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DISCLAIMER:
- The Shari’ah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
- Darul iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
- This answer may not be used as evidence in any Court of Law without prior written consent of the Darul iftaa.
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According to the Shar’iah Laws of Inheritance and Succession, the estate of the deceased will be distributed after burialexpenses, paying off debts (if any), and fulfilling bequest from the remaining one –third after burial expenses and paying of debts.
If your father was survived by a wife (your mother), four sons and a daughter, then his estate will be divided into 72 shares as follows:
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BENEFICIARIES
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SHARES
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SHARE PERCENTAGE
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Wife
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9
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12.5%
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Son 1
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14
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19.4%
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Son 2
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14
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19.4%
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Son 3
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14
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19.4%
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Son 4
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14
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19.4%
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Daughter
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7
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9.72%
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Total 72 99.82%
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99.82%
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If your father left behind three properties and some land, and he stated upon his death that a specific house be given to his daughter, then the bequest could be only for the specification of the house if the value of the house is equivalent to the seven shares of the daughter or the bequest could be for an excess amount if the value of the specific house exceeds the seven shares.
In principle, one cannot make a bequest for an heir. Accordingly, the father’s bequest in favour of his daughter is invalid. However, if all the heirs agree to honour their father’s bequest, they may do so. If they do not wish to to honour the bequest, they have the right to object.
The three properties and land will be evaluated. The heirs may mutually agree on taking some properties and making financial adjustments to fellow heirs. For instance, if the value of the specified property for the daughter is Tk 100,000 and her seven shares from all the properties and land come up to Tk 70,000 if she decides to keep the property and that is agreeable by all the heirs then she will have to give Tk 30,000 to the inheritors to divide among themselves in proportion to their shares of inheritance.
And Allāh Ta῾āla Knows Best
Jibran Kadarkhan
Student Dārul Iftā
Mauritius
Checked and Approved by:
Mufti Ebrahim Desai
تتعلق بتركة المية حقوق اربعة مرتبة... (السراجى فى الميراث للسجاوندى ص,765, , مكتبة البشرى( [1]
[2] (6 ج, لا وصية لوارث الا ان يجيزها الورثة...يعنى عند وجود وارث اخر كما يفيده اخر الحديث... (در مختار ص656
[3] (ترميزي) إِنَّ اللَّهَ قَدْ أَعْطَى كُلَّ ذِى حَقٍّ حَقَّهُ فَلاَ وَصِيَّةَ لِوَارِث
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