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:

assalamualaikum brother burhan,

may allah reward u 4 the services u r doing 4 the muslim umma.

my question is " does the step brothers dont have any share of inheritance ? my eldest step brother passed away after leaving some money behind, my another brother who is also step he said that u dont get any thing because u r step. i was deeply hurt by that, not because i wanted the money but i loved my step brother very much and he always used to cry just by hearing my voice on phone as i live in america. is it rite that i dont get anything even his small thing so that i can rember him by that?

ur brother in islam

(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 from step-brother

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.

May Allah Subhanah reward you with the best of this world and the Hereafter for your kind comments of encouragement for our humble efforts in the propagation of the Truth. If our humble and modest efforts have helped even one brother or sister get closer to Allah and His Deen of Truth, then we would consider ourselves indeed fortunate to have been given this opportunity by the Lord Most Merciful to serve in His Cause. We hope, beg, and pray the Merciful Lord accepts our humble and weak efforts, forgives us our shortcomings, and saves you, us, and all the believers from the torment of the Hell Fire. Ameen.

Your Question: does the step brothers dont have any share of inheritance? my eldest step brother passed away after leaving some money behind, my another brother who is also step he said that u dont get any thing because u r step.

Allah Say in the Holy Quran Chapter 33 Surah Ahzaab verse 6:

6 …… Blood-relations among each other have closer personal ties in the Decree of Allah than (the brotherhood of) believers and emigrants: nevertheless do ye what is just to your closest friends: such is the writing in the Decree (of Allah).

If the deceased brother is survived by his father, or had children, then Shariah Law dictates that even real brothers (common parents) do not receive any share of the inheritance of their deceased brother. If the deceased brother is survived by neither his father, nor had a son who survived him, only then will some of the inheritance be given to the brothers and sisters of the deceased, with the brothers and sisters from common parents having precedence over step-brothers or step-sisters.

The step-brother only inherits in the situation where the deceased is survived by neither his father, nor had son/s, nor had brothers and sisters of common parents.

Thus brother, if you could kindly clarify who exactly survived your deceased step-brother, we would be better able to guide you regarding the exact proportion of share of each from his inheritance in light of the guidance of the Glorious Quran.

Your Question: is it rite that i dont get anything even his small thing so that i can rember him by that?

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-12:

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.

Dear and beloved brother, the exact proportions of the share of the inheritance, and which heir gets what is Decided and Decreed by The One Who is All-Knowing, All-Wise….and every Decision of the Lord is based on His Perfect and Absolute Wisdom and Knowledge.

Beloved brother, if truth be told, one need not have something material to remember those whom they love….for one remembers their loved ones through their cherished memories….thus brother do not grieve if you were not assigned or given any material thing of your beloved deceased brother, for the memories which you possess and cherish are undoubtedly invaluable.

The absolute best thing you can do for your beloved deceased brother is make supplications to the Lord Most Merciful whenever you may make supplications for yourself and your loved ones……to have mercy on him, forgive him his sins and his shortcomings, and grant him an honorable place in Paradise….that would be your due to your beloved departed brother.

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