Question (Q-89)
Our father passed away and left one house in his inheritance. The value of the house at the time of my father’s death was seven hundred thousand Indian rupees. Its value is now seven million Indian rupees. His inheritors are the deceased’s wife, his mother, seven sisters, two daughters and one son. We do not want to sell the house but rather, we want to distribute money according to the value of the house. Are we to distribute the money according to the value of the property at the time of our father’s death or are we to distribute it according to the value of the property at present? Furthermore, please explain how much each inheritor will receive and whether it is necessary to give each inheritor his or her right.
Answer:
With the condition that the questioner has told the truth, nothing preventing the distribution of this inheritance, the inheritors being encompassed in all those who have been mentioned as well as all those matters taking precedence over inheritance such as debt and fulfilling the will in a third of the remaining wealth being dealt with first, the inheritance in the situation described will be separated into ninety six shares. Twelve shares will be given to the deceased’s wife, sixteen shares will be given to the deceased’s mother and seventeen shares will be given to both of the deceased’s daughters. The sisters of the deceased will not receive anything.
The calculation for this distribution is as follows;
| 4 × 24 = 96 | |||||
| Wife | Mother | 7 Sisters | Daughter | Daughter | Son |
| 12 | 16 | Do not receive anything | 17 | 17 | 34 |
It is Harām (forbidden) and impermissible to deprive those who are entitled from their right of inheritance of their right. Allah the Almighty states,
ولا تأكلوا أموالكم بينكم بالباطل
“And do not unjustly devour the property of each other.” (Sūrah Al-Baqarah 2:188)
Allah the Almighty also states,
فريضة من الله إن الله كان عليما حكيما
“This is the share fixed by Allah; indeed Allah is All Knowing, Wise.” (Sūrah Al-Nisā 4:11)
إن الله يأمركم أن تؤدوا الأمنت إلى أهلها
“Indeed Allah commands you to hand over whatever you hold in trust, to their owners.” (Sūrah Al-Nisā 4:58)
It is stated in a Blessed Hadīth,
قال رسول الله صلى الله عليه وسلم من فرّ من ميراث وارثه قطع الله ميراثه من الجنة يوم القيامة
The Messenger of Allah (peace and blessings of Allah be upon him) said, “Whoever ran from giving inheritance of an inheritor, Allah will cut off his inheritance from Paradise on the Day of Judgement.” (Sunan Ibn Mājah, Kitāb al-Wiṣāyā)
It is stated in Al-Fatāwā Al-Riḍwiyyah, Volume 26, Page 133,
“The right of inheritance is a right of the Sharīʿah (Islamic Law) which has been established by the Lord of all creation. This is not a right that can be dropped by the dropping of a person. Our Scholars stated,
الإرث جبري لا يسقط بالإسقاط
Inheritance is compulsory. It does not drop by dropping.”
After the death of a deceased, once the matters that take precedence are dealt with i.e. the funeral (including bathing, shrouding and burial) arrangements, paying off any debts and fulfilling any will within a third of what remains, the remaining wealth automatically transfers into the ownership of the inheritors. Therefore the value of the house that will be taken into consideration is the current value of the house at the time that the inheritance is being distributed.
It is stated in Al-Fatāwā Al-Hindiyyah, Volume 6, Page 497,
وسمي هذا النوع من الفقه فرائض لأنه سهام مقدرة مقطوعة مبينة ثبتت بدليل مقطوع به فقد اشتمل على المعنى اللغوي والشرعي كذا فى الإختيار شرح المختار و الإرث فى اللغة البقاء وفى الشرع انتقال مال الغير إلى الغير على سبيل الخلافة كذا في خزانة المفتيين
“And this type of al-fiqh (jurisprudence) is called Farā’iḍ (which literally means essentials) because it consists of shares that are specified, definitive and explicit which are proven through definitive proofs. This is inclusive of the linguistic and legislative meaning as is stated in Al-Ikhtiyār Sharh al-Mukhtār. Al-Irth linguistically means to remain. Legislatively it means transferring wealth of another to another by way of establishing heirs. This is what is stated in Khazānah al-Muftiyyīn.”
And Allah knows best and His Knowledge is Complete and Sublime.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
