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IF A MAN DIES AND LEAVES BEHIND 2 OR MORE DAUGHTERS,2 PARENTS AND 1 WIFE.HOW HIS LEFT BEHIND PROPERTY WILL BE DISTRIBUTED AFTER PAYING DEBTS etc.Also comment on my answer please......

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

:IF A MAN DIES AND LEAVES BEHIND 2 OR MORE DAUGHTERS,2 PARENTS AND 1 WIFE.HOW HIS LEFT BEHIND PROPERTY WILL BE DISTRIBUTED AFTER PAYING DEBTS etc.Also comment on my answer please......


Arun Shourie(kafir) says:2/3+1/6+1/6+1/8=1.125,how that possible..........


ANSWER:
In Nisa Ayah 11-12,b/c in my opinion(student),the word"WALADUN(Walad)"is used(not oladikum) in the verse which i think means 1 child(be female/male)........so 2/3 will not be used here..................instead it will be applicable to 1/2 (one female child).............so the answer will be 0.95.....less than one ......the remaining will/can be given to poor people as mentioned in verse 8 Surah

Nisa........
problem solved mathematically and logically.

when 2/3(plural) will be used........then 1/8(wife) cannot be used b/c it is

WALADUN"(singular)................mathematically it is coming exactly 1 now here women(when having multiple child) is deprived of her share if you accept my interpretation. ......no matter that can be solved b/c:


She got MAHAR

Deceased can WASSIAT(bequeath) any heir upto 1/3

Deceased is responsible for their widow`s maintenance and residence(1 year....)

(this could be done from 1/3 which he can bequeath to any heir)

Zakat system can help the widow(having multiple children)

You please check,Allah forbid,somewhere in Islam child is also responsible
for his mother.

In case of male child there is proportion mentioned in Quran i.e double will be given to
male that of female............................which is more clarified by another Ayah
4:176........male having twice that of sister(no matter here it is relevant to brother sister)
.......point is that this ayah tells about as such proportion should be done that male having
twice that of female that`s it............so Imam abu hanifa`s(rahmatullah) interpretation
of having male child whole property b/c one female child is

 

Q getting 1/2 is utterly wrong....no matter human mistake.

And sister and brother are getting only when the matter is KALALA.....OK

For A child(one child/walad) translation,refer abdullah yousuf ali`s
translation and Mehmood Ashraf (English),and for Bachaa(a child/walad)


refer Qamoosul Quran. If problem persists check 4 fiqhas and of
Jafar Sadiq too,you may check Sirajee ki Tashree too,but please answer
me!! 

 

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Answer:

 

Inheritance

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13 Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14 But those who disobey Allah and His Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.

 

Your Question: IF A MAN DIES AND LEAVES BEHIND 2 OR MORE DAUGHTERS,2 PARENTS AND 1 WIFE.HOW HIS LEFT BEHIND PROPERTY WILL BE DISTRIBUTED AFTER PAYING DEBTS etc.

In light of the above absolutely clear guidance of the Glorious Quran, the inheritance of one who leaves behind no sons but 2 or more daughters, mother, father and a wife will be divided as follows:

 

The mother will get 1/6th or 16.66%

The father will get 1/6th or 16.66%

The wife will get 1/8th or 12.50%

The daughters if two or more will share equally amongst them 2/3rds or 66.66%.

 

Because in this particular scenario the prescribed percentage of the legal heirs is more than 100% (16.66+16.66+12.50+66.66 = 112.50%), the shares of each of the legal heirs will be reduced by the excess percentage (11.11%) equally.

 

Thus in this particular scenario the distribution will be as follows:

 

The mother will receive 16.66% less 11.11% or 14.81%

The father will receive 16.66% less 11.11% or 14.81%

The wife will receive 12.50% less 11.11% or 11.11%

The daughters if two or more will share equally amongst them 66.66% less 11.11% or 59.25%.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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