[Q-ID0555] Inheritance: How will my late Father’s wealth be distributed between his Wife, 4 Sons and 1 Daughter?

‍QUESTION:

What do the scholars of the Dīn and muftīs of the Sacred Law state regarding the following issue: My father passed away a few years ago, he left behind the following relatives i.e. a wife, in other words, our mother, four sons and one daughter. How will his inheritance be divided. His inheritance consists of a house which is worth £150,000, as well as £330,000 and also 1,200,000 Rupees in a bank in Pakistan. He also lent £11,500 to his sons and daughter and they are also in a position to return it as well. During his lifetime, he also gave approximately £9000 to my brothers [i.e. his sons] to help them build a house. So can those [sons] who were given this money [the £9000] receive anything from the inheritance?

Questioner: Zahid from Birmingham

ANSWER:

بسم اللہ الرحمن الرحیم
الجواب بعون الملک الوھاب اللھم ھدایۃ الحق والصواب

In the aforementioned question based upon the fact that the question is exactly how one says it is and only limited to the aforementioned inheritance, after preceding with what is meant to be preceded with, such as the shrouding & burial, then fulfilling any debts and then fulfilling the will [the maximum of which being one third of the total wealth], the assets will be divided equally into 72 shares; 9 shares from these will be given to the [widowed] wife of the father, because when the offspring of the deceased exist, then the wife receives one eighth and 9 is one eighth of 72, just as Allāh Almighty states in the Holy Qur’ān,

{فَاِنۡ کَانَ لَکُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَکْتُمۡ}

{Then if you have children; so one eighth of what you leave behind}

[Sūrah al-Nisā’, v 12]

And the sons will receive 14 shares each and the daughter 7 shares because when there are both sons and daughters amongst the offspring of the deceased, then the division will be in terms of لِلذَّکَرِ مِثْلُ حَظِّ الۡاُنۡثَیَیۡنِ i.e. the son receives double to that of the daughter. Just as Allāh Almighty states,

{یُوۡصِیۡکُمُ اللہُ فِیۡۤ اَوْلٰدِکُمْ ٭ لِلذَّکَرِ مِثْلُ حَظِّ الۡاُنۡثَیَیۡنِ}

{Allah commands you concerning your children (regarding their share of inheritance); the son’s share is equal to the share of two daughters}

[Sūrah al-Nisā’, v 11]

The division for this will be as follows: If the house is sold for £150,000 and one adds in the £333,000 and £11,500 also, then the mother [i.e. the widow] will receive £24312.50, the sons £37819.44 each and the daughter £18909.72. And from the 1,200,000 PKR [Pakistani Rupees], the mother 150,000 PKR, the sons 233,333 PKR each and the daughter 116,666 PKR.

The amount of money which the father gave to any of his sons for building a house was a gift, and gifting becomes complete by taking possession, thus the person to whom it was given has now become the owner of it, therefore by taking this, it is not permitted for the son to be deprived from the inheritance.

واللہ تعالی اعلم ورسولہ اعلم صلی اللہ علیہ وآلہ وسلم
کتبہ ابو الحسن محمد قاسم ضیاء قادری

Answered by Mufti Qasim Zia al-Qadri
Translated by Haider Ali

Read the original Urdu answer here: [Q-ID0555] Inheritance How will my late Father’s wealth be distributed between his Wife, 4 Sons and 1 Daughter?

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