Is a foster-suckling mother entitled to an inheritance share of her suckling son’s estate?

Question 10: Is a mother by suckling entitled to inherit from her son by suckling, who dies and leaves behind children and a wife. If yes, what is her share?

Answer: The mother by suckling has no right to the inheritance of one she has suckled, whether he has heirs or not… read more here.

Advertisements

Is it permissible for heirs to take possession of the estate while knowing that it was ill-gotten?

Question 9: Would you please answer me as soon as possible: if an inheritance comes from a Haraam (unlawful) source, is it permissible for the inheritors to take it?

Answer: If the whole inheritance comes from a Haraam source, it is not permissible for any of the inheritors to take any of it… read more here.

Delaying the division of a dead person’s estate until after the passage of a year

Question 8: If a person dies and leaves one child and some money, could one of the relatives of the deceased save this money to prevent it from being distributed for one year?

Answer: It is impermissible to prevent this money from being distributed unless there is a legal excuse… read more here.

A father dividing his estate among his children while still alive

Question 7: A father dividing his wealth among his heirs while still alive as follows:

1- Mother, 72 years old.
2- Sister, 36 years old, married.
3- First son, 34 years old, married.
4- Second son, 32 years old, married.
5- Third son, 30 years old, married.
6- Fourth son, 27 years old, married.
7- Fifth son, 24 years old, bachelor.
8- Sixth son, 18 years old, bachelor.
9- Seventh son, 16 years old, bachelor.

My mother died in 1975, and in 1980 my father married another woman who has given birth to no children until now. My married siblings urged our father to divide his wealth for fear that,according to them, his wife will receive the largest share of the wealth after my father’s death, something known only by Allaah. They also claim that they cannot make good money within the borders of one family – you know family internal disputes each wanting to achieve the greatest possible gains while they are a member of the family. My father got confused regarding this, hoping to satisfy his children and to feel free from accountability before Allaah (Exalted and Glorified be He). This year, he had the opportunity. Having traveled to the Holy Lands, he entrusted me with such a task, i.e. to ask for your fatwaa, may Allaah make you the light of guidance, that you may tell him about that which will free him from accountability in this life.

Answer: We advise your father not to divide his wealth while still alive, for he may need it later… read more here.

How to distribute inherited buildings and movable property, such as cars, machinery, and the like?

Question 6: How can we distribute inherited houses and movable property, such as cars, machinery, and the like, if the inheritors agree to the division or disagree? How can a rented store (the deceased used to rent it from its owner) be divided among the inheritors, if we act according to the saying that the lease contract becomes an asset of the property which passes to the inheritors, bearing in mind that the inheritors cannot acquire a common benefit from these properties?

Answer: These properties must be divided as prescribed in Sharee`ah (Islaamic law) by experienced people who should estimate their value… read more here.

What should be done regarding interests earned by the capital?

Question 5: My son was involved in an accident when he was three years old, which resulted in a severe trauma to his head and brain damage. He remained in a coma for six years, until he finally died when he was nine years old. We referred the case to the relevant authority and, after five years, it ended with reconciliation, provided the culprit pays a certain amount of compensation. The court decided that the amount should be reserved for me in a joint account in my name in America under the trusteeship of the court, according to the system they follow there. After my son died, the money was transferred to the Kingdom of Saudi Arabia, along with an additional amount that they say is the interest. After receiving the money, I kept the interest in a separate account away from the original sum.

My questions now are:

1. Does the original sum belong to me alone or does it fall under the ruling of inheritance? It is worth mentioning that I share my money with my brother. Is this money to be included in our joint property?

2. What should I do with the additional sum, should I add it to the original amount or give it away? If I should, what are its spending channels? I want to stress that I did not ask for the original money to be kept in an interest-bearing account. Please advise me, may Allaah enlighten you and enlighten others through you!

Answer: Firstly, The money paid for your son’s injury is considered a part of his inheritance and should be distributed among his lawful heirs… read more here.

Someone applied for a grant for his grandfather, but the grandfather died before the grant is given

Question 4: My cousin lives in Riyadh. He made a list of the names of his relatives to donate flats to them as a gift in the same village where we live. My grandfather (may Allaah be merciful to him) was among those people, but he passed away before the names were declared. When the names were finally declared, my grandfather’s name was included in the list, and was exactly the same as my name.

I have completed issuing the deeds for the two pieces of land from the municipality, and I finished all the procedures and registered them in my name so that the grant will not be lost. I am a person who fears Allaah (Exalted be He) and my grandfather left heirs. Would the two pieces of land be mine as the deeds are in my name? Or do the heirs have a right to them? Am I entitled to a part of these two pieces of land? O Shaykh, I want to have lawful residence and food, in-shaa’-Allaah. Could you kindly advise?

Answer: The land which you attained by the name of your grandfather will be the right of his heirs except… read more here.

While young, someone took a sum of money from another without their knowledge

Question 3: When I was around sixteen years old, I took a sum of money from my father’s aunt without her knowledge. It was a long time before I came to realize that I had behaved unlawfully. When I decided to return the money to her and ask her to forgive me, I found that she had already died. As I feel bewildered, I am asking your opinion regarding what to do with this money. DoI have to donate it on her behalf to a charity organization or just spend it on charitable ways of disposition? I want to absolve myself of the sin of theft. Do I have to make Kaffaarah (expiation)? I feel deep regret after having realized the unlawfulness of this act. Would you kindly give me your reply!

Answer: You have to pay the money to the inheritors of your father’s aunt… read more here.

Is it permissible to dispose of the money that is to be distributed among heirs without their permission?

Question 2: If a person dies, is it permissible to give, in Sadaqah (voluntary charity), to the poor from their money before dividing it among the inheritors and without taking their permission?

Answer: This is not permissible, because it is a kind of disposing of the money of others without their permission… read more here.

Which is to be executed first: paying off the debts of a dead person Or distributing the estate among heirs?

Question 1: Before his death, my father borrowed 3,000 Kuwaiti dinars and willed that this debt be repaid. Given that I am the executor of his will, should I repay the debt from the estate before distributing it to the heirs, or from one-third of it?

Answer: The debt which is payable by the deceased should be repaid before dividing the inheritance… read more here.