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:
What is the proprtion the property of a father who has expired partitioned between two sons , one daughter and his wife ?
And what is the part that has to be paid as Zakath ?
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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 of a deceased believer whose shares are prescribed in Shariah are:
- The father of the deceased
- The mother of the deceased
- The wife/wives of the deceased
- The son/s of the deceased
- The daughter/s of the deceased.
Your Question: What is the proprtion the property of a father who has expired partitioned between two sons , one daughter and his wife ?
Assuming that both the father and the mother of the deceased died before his death, and thus the only surviving legal heirs of the deceased are his wife, two sons and one daughter.and assuming that the wealth left behind the deceased is worth 100,000.00, the distribution according to Shariah amongst the surviving legal heirs will be as follows:
- The wife will receive 1/8th or 12.50% or 12,500.00.
- Because the deceased is survived by two sons and one daughter, and the sons would receive twice the share of the daughter, the balance 87,500.00 (100,000 12,500) in this particular case, would be divided into five equal parts of 17,500.00. The daughter will thus receive 17,500.00 and the two sons will each receive 35,000.00 (17,500 x 2).
Your Question: And what is the part that has to be paid as Zakath ?
The deceased was responsible to fulfill his zakah dues on his wealth when he was alive. If the heirs of the deceased know with absolute conviction that their deceased loved one has not fulfilled his zakah, it would only be piety and righteousness on their part that they pay the zakah debt of their deceased loved one unto his Lord Creator before the distribution of their shares.
After the legal heirs receive their appropriate share of their inheritance from their deceased loved one, and that wealth has remained in their possession for a period of one calendar yeareach amongst them will only then be liable to pay its due zakah at the rate of 2.50%.
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,