Law - Family
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Lesson 73
Inheritance (2)
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Main
Points
(Continued from Lesson 72)
4-
Two-thirds: for two sisters or more
if they are the only heirs of their brother. Two daughters or more if they are
the only inheritors of their father.
5-
One-third: for the mother if her
inherited son has neither a male nor a female child, nor grandchild, nor two or
more brothers and sisters. The mother's brothers if they are two or more, and if
the inherited has no direct inheritor such as father, grandfather, or male and
female grandchildren.
6-
One-sixth: for the mother if the
inherited has children or grandchildren, or has two or more sisters and
brothers. The same for the grandmother if the inherited has no mother with the
same conditions. The father, whether the inherited has no children or not. The
grandfather if the inherited has no father. The only brother or only sister of
the mother if the inherited has no father, grandfather nor child. The paternal
sister in the presence of one full sister if there is no paternal brother,
mother, grandfather, son, nor grandson.
· For more details, refer to the
inheritance schedule, Fiqh books, and computer programs that calculate the exact
amount for each case.[1]
Bequest
· There are two kinds of bequests: one
is to bequeath to fulfill a due right or take care of the young, and another to
bequeath in order to distribute money to individuals or institutions.
· Conditions
for bequeathing are maturity and distinction, bequeathing something permissible,
and the acceptance of the person to which the bequest is directed.
· The bequest is not allowed to an
heir.
· It is possible to withdraw or modify
the bequest before death.
·
The bequest is executable only after
paying off debts.
· The bequest can not exceed one-third
of the inheritance, but if it is not enough, the amount is divided among the
bequeathed ones like the division of debts.
·
The dutiful bequest is that ordained
by law, even if the deceased has not left a bequest. It is for the grandchildren
whose father died before their grandfather and have paternal uncles who exclude
them from inheritance, so an obligatory bequest is for them equal to their
father's share which should not exceed one-third of the whole wealth.[2]
Evidence from Qur'an and Sunnah
Allah says:
]يَسْتَفْتُونَكَ
قُلِ اللّهُ
يُفْتِيكُمْ
فِي
الْكَلاَلَةِ
إِنِ امْرُؤٌ
هَلَكَ
لَيْسَ لَهُ
وَلَدٌ
وَلَهُ
أُخْتٌ
فَلَهَا
نِصْفُ مَا
تَرَكَ
وَهُوَ
يَرِثُهَآ
إِن لَّمْ
يَكُن
لَّهَا
وَلَدٌ
فَإِن
كَانَتَا
اثْنَتَيْنِ
فَلَهُمَا
الثُّلُثَانِ
مِمَّا
تَرَكَ
وَإِن
كَانُواْ
إِخْوَةً
رِّجَالاً
وَنِسَاء
فَلِلذَّكَرِ
مِثْلُ حَظِّ
الأُنثَيَيْنِ
يُبَيِّنُ
اللّهُ
لَكُمْ أَن
تَضِلُّواْ
وَاللّهُ
بِكُلِّ
شَيْءٍ
عَلِيمٌ[
(النساء:
176)
This
means: “They ask you for a legal verdict. Say: "Allah directs (thus)
about AlKalalah (those who leave neither descendants nor ascendants as
heirs). If it is a man that dies, leaving a sister, but no child, she shall
have half the inheritance. If (such a deceased was) a woman, who left no
child, her brother takes her inheritance. If there are two sisters, they
shall have two-thirds of the inheritance; if there are brothers and sisters,
the male will have twice the share of the female. (Thus) does Allah makes
clear to you (His Law) lest you go astray. And Allah is the All-Knower of
everything.” (4, An-Nisa’: 176)
The Prophet (peace be
upon him) said:
“Divide
the property among those whose share have been prescribed in the Book of
Allah, and what remains from the prescribed shares goes to the nearest male
heirs.”
(Reported by Al-Bukhari and Muslim)
The Messenger of Allah
(peace be upon him) said:
“Allah
has appointed for everyone who has a right what is due to him, and no
bequest must be made to an heir.”
(Reported
by Abu Dawud)
He (peace be upon him)
also said:
“People
of two different religions would not inherit from one another.”
(Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“There
is nothing for the murderer.”
(Reported
by Abu Dawud)
He (peace be upon him) also said:
“The
child is attributed to the one on whose bed it is born, and the fornicator
is deprived of any right.”
(Reported by Al-Bukhari and Muslim)
Bequest:
Allah says:
]يِا
أَيُّهَا
الَّذِينَ
آمَنُواْ
شَهَادَةُ
بَيْنِكُمْ
إِذَا حَضَرَ
أَحَدَكُمُ
الْمَوْتُ
حِينَ
الْوَصِيَّةِ
اثْنَانِ
ذَوَا عَدْلٍ
مِّنكُمْ[ (المائدة:
106)
This means: “O you
who believe! When death approaches any of you, and you make a bequest, then
take the testimony of two just men of your own folk.” (5, Al-Ma’idah:
106)
Allah says:
]مِن
بَعْدِ
وَصِيَّةٍ
يُوصَى
بِهَآ أَوْ
دَيْنٍ[ (النساء:
11)
This means: “(The
distribution in all cases is) after the payment of legacies he may have
bequeathed or debts.” (4, An-Nisa’: 11)
The same meaning is repeated in the following verse
of the same Surah.
The Messenger of Allah (peace be upon him) said:
“It is
the duty of a Muslim who has something which is to be given as a bequest not
to have it for two nights without writing it down in a will.” (Reported by Al-Bukhari and Muslim)
The Prophet Muhammad (peace be upon him) said to Sa`d
Ibn Abi Waqqas when he asked him about the bequest:
“Give
one-third and that will be sufficient. It is better to leave your heirs rich
rather than to leave them in poverty begging from people.” (Reported by
Al-Bukhari and Muslim)
The Messenger of Allah (peace be upon him) said:
“Allah,
The Most Exalted, has appointed for everyone who has a right what is due to
him, and no will could be made to an heir.”
(Reported
by Abu Dawud)