Inheritance rights take away from grand parents

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:

A father mentioned throughout his lifetime that all his earnings are for his children, and then suddenly passes away without writing a formal 'Will'. According to Shari'a laws, the children, his wife and the deceased's father get a share. Is it permissable to ask the grandfather to give up his share for the benefit of the family, since they have lost their breadwinner and have no other source of income? 

Answer:

Take away Inheritance rights of grandfather

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 worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

The legal heirs of a deceased believer whose shares are prescribed in Shariah are:

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

The basic Law regarding the shares of inheritance are Decreed by Allah Subhanah and derived from the following Aayahs of the Noble Quran:

 Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:

11      Allah (thus) directs you as regards your chldren'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.

Respected brother, absolutely regardless of what the person says during his lifetime, absolutely regardless of whether he wrote a will or not, etc.....how exactly will the estate or wealth of a deceased believer be divided amongst his/her surviving heirs is prescribed and Decreed by the All-Knowing All Wise Lord in His Glorious Quran; and the believing heirs, if indeed they fear Allah and the Last Day, must follow this Command when distributing the shares to the surviving heirs of the deceased.  

Your Question: Is it permissable to ask the grandfather to give up his share for the benefit of the family, since they have lost their breadwinner and have no other source of income?

Without an iota of a doubt, the father of the deceased is amongst the 'ashaab ul faraaid' or rightful heir of the deceased, and the All Knowing All Wise Lord Most Majestic has prescribed a share to the father of the deceased.  It would not be considered piety or righteousness in the Sight of Allah Subhanah for one legal heir to ask, demand, coerce, or force another legal heir to give up or relinquish their share!  If the wife and the children, who themselves are legal heirs and will obviously get the majority of the estate of the deceased, have lost their breadwinner....they must realize that the father too has lost his beloved son and his support in his old age.  

But if the father of the deceased, of his absolute own will, and without any pressure, or force, or coercion, wishes to share all or a part of the inheritance he received from his deceased son's estate and gift it unto the wife or the children of the deceased (or to anyone else he wills and pleases), he is well within his rights to do so.  

But for the wife or the children of the deceased to ask, or demand, or pressure, or coerce, or force the father of the deceased to relinquish his prescribed share of his deceased son's estate would definitely not be considered piety and righteousness in the Sight of Allah Subhanah. 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me.  Allah Alone Knows Best and He is the Only Source of Strength.

Your brothers and well wishers in Islam,

Members of Islamhelpline