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If a man dies,wo gets his wealth?the grandfather or the son?

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:

Assalam o alikum!! my question is reguarding financial matters.....if a man dies,wo gets his wealth?the grandfather or the son? what if the son is very young when this happens?can you please mention the surahs,ot their names atleast so that i can check this out in detail myself? and what is the method of distribution of wealth and property when a person dies??i will be very grateful for your help!! 

 

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Answer:

 

Inheritance of deceased

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 none 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 2 Surah Baqarah 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 Messenger 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 Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

 

The legal heirs or the ashaab ul-faraidh of any believing deceased whose share of inheritance is specifically prescribed by Allah Subhanah are:

  1. The father of the deceased
  2. The mother of the deceased
  3. The spouse of the deceased
  4. The son/s of the deceased
  5. The daughter/s of the deceased.

 

Your Question: .....if a man dies,wo gets his wealth?the grandfather or the son?

Respected brother, you need to clarify clearly who amongst the legal heirs or ashaab ul-faraidh of the deceased (father, mother, spouse, sons, daughters) were alive at the time of the death of the person.

 

If the deceased was survived only by his father and one son; ie. the mother and the wife of the deceased passed away before him and he had only one son and no daughters, then the father and the son of the deceased will be the legal heirs and their share of inheritance will be as follows:

  1. The father of the deceased will receive 1/6th or 16.67%
  2. The son of the deceased will receive the balance 83.33%.

 

But if the deceased was for example survived by his father, his mother, his wife, and only one son.the distribution of the inheritance would be as follows:

  1. The father of the deceased would receive 1/6th or 16.67%
  2. The mother of the deceased would receive 1/6th of 16.67%
  3. The wife of the deceased would receive 1/8th or 12.50%
  4. The son would receive the balance (which would be 54.16% in this particular case).

 

Thus brother, if you could kindly clarify who exactly amongst the legal heirs or ashaab ul-faraidh survived the deceased, we would try to list the exact shares each amongst them is entitled in the inheritance of the deceased according to the guidance of the Quran and the Sunnah, Insha Allah.

 

Your Question: what if the son is very young when this happens?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 2, 5, 6:

2 To orphans restore their property (when they reach their age) nor substitute (your) worthless things for (their) good ones; and devour not their substance (by mixing it up) with your own. For this is indeed a great sin.

5 To those weak of understanding make not over your property which Allah hath made a means of support for you; but feed and clothe them therewith and speak to them words of kindness and justice.

6 Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them release their property to them; but consume it not wastefully nor in haste against their growing up. If the guardian is well-off let him claim no remuneration, but if he is poor let him have for himself what is just and reasonable. When ye release their property to them take witnesses in their presence: but all-sufficient is Allah in taking account.

 

If the son of the deceased is very young, the Shariah Court will appoint a guardian to safeguard the property of the child until he reaches the age of understanding and the guardian is to fear Allah and scrupulously guard the property of the child until the child comes of age, and then honorably restore the property unto him. There are only a few sins more heinous and more grave in the Sight of Allah Subhanah than the intentional mis-appropriation of the inheritance of the deceased, especially orphans.

 

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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