Who is responsible for inheritance.
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
father does not gives hissa in his property 2 the daughter who is responsible 4
it elder brother or all in the family.
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Answer:
Who is responsible
for 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 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 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
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.
Your
Question: …..if father does not gives hissa in his property 2 the daughter who
is responsible 4 it elder brother or all in the family.
During his lifetime, it is the responsibility of the
father to do justice amongst all his off-springs, and spend equally amongst
them; regardless of whether they are male or female.
Sahih Al-Bukhari Hadith 3.818 Narrated by An Numan bin Bashir
My mother asked my father to present me a
gift from his property; and he gave it to me after some hesitation. My mother
said that she would not be satisfied unless the Prophet (saws) was made a
witness to it. I being a young boy, my
father held me by the hand and took me to the Prophet (saws). He said to the Prophet (saws) "His
mother, bint Rawaha, requested me to give this boy a gift." The Prophet
(saws) said, "Do you have other children besides him?" He said,
"Yes." The Prophet (saws) said, "Do not make me a witness for
injustice."
If the father during his lifetime intentionally spends
more, or gives more to one amongst his off-spring than another, it would be
akin to injustice in the Sight of Allah Subhanah.
After the death of the father, it is the responsibility of
the heirs that they fear Allah Subhanah and take and accept only what is their
rightfully prescribed share of the inheritance.
If anybody intentionally mis-appropriates the prescribed shares of the
inheritance, they will be held severely accountable for their transgression in
the Court of Allah Subhanah on that Inevitable Day of Judgment.
Thus it is not one person who is responsible, but everyone
holds equal responsibility; and if one amongst the heirs feels that their share
of inheritance has been compromised, they are well within their rights to
approach a
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
Wister