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......
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
me!!
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
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 Allah’s
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