Question (Q-71)
Zaid died and left behind his father, wife, three sons, two grandsons, one granddaughter, one brother, one sister, two nephews and three nieces. How will his inheritance be distributed amongst these people? Was Zaid allowed to make a will for one or a few of these inheritors during his lifetime?
Answer:
Note: Inheritance rules are complex and case specific. Therefore, one should refer specific circumstances to a qualified scholar for guidance in relation to the method of distributing the inheritance of any particular deceased.
| 24 Shares | |||||
| Relative | Father | 1 Wife | 3 Sons | 2 Grandsons | 1 Granddaughter |
| Shares | 1/6th 4 | 1/8th 3 | Close Family 17 | 0 | 0 |
| No Shares | ||||
| Relative | 1 Brother | 1 Sister | 2 Nephews | 3 Nieces |
| Shares | 0 | 0 | 0 | 0 |
With the condition that the questioner has told the truth and there is nothing which prevents the distribution of this inheritance, no other inheritor, no debt, and no will, the total inheritance of Zaid will be divided into 24 parts. From the 24 parts, 4 shares will be given to the father, three shares to the wife, 5 and 1/6 (5.66) for each of the three sons. The rest of the relatives will not receive any share.
Whilst alive, Zaid could have written the above or something similar to it, but he could not give anything to the inheritors as a will because the Noble Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
لا وصية لوارث إلا أن يشاء الورثة رواه ابن ماجه في سننه
“There is no will for an inheritor unless the other inheritors consent to it.” (Sunan Ibn Mājah)
It should be noted that only a third of the wealth can be distributed in accordance with a will. It is not permissible to distribute the entire wealth left behind in accordance with a will.
It is stated in Al Fatāwā Al Hindiyyah, Volume 6, Page 117,
و لو لم يجز الورثة تصح من الثلث
“If the inheritors do not permit (enforcing the will in the entire wealth), then a will can only be enforced in a third of the wealth.”
Therefore, one should bear these things in mind when making a will.
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
