Fatwa: # 17652
Category: Inheritance
Country: Pakistan
Date: 5th March 2009

Title

I would like to know that if a man died leaving after him his wife and kids, is it compulsory on them to distribute the property immediately after his death or they can postpone it to....

Question

I would like to know that if a man died leaving after him his wife and kids, is it compulsory on them to distribute the property immediately after his death or they can postpone it to some other date (say on the death of mother). One of his son is living in the house of his deceased father, along with his mother and his own wife and kids. Would he be a committing a sin on this even other family members (i.e. sons and daughters of the deceased) have no issue with this.

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

At the outset, before the wealth of a deceased person is distributed amongst the heirs, three things must be taken care of (with that wealth):

1) Funeral expenses of the deceased

2) Any debts of his must be paid off

3) Any bequests made (up to 1/3 of the wealth) by the deceased must be granted

 

Thereafter, the remaining wealth/property will be distributed amongst the rightful heirs. All of this should be taken care of as soon as possible without unnecessary delay. It will not be permissible to wait until the mother’s death to distribute the property. As the wife of the deceased person, she is entitled to her share as well and cannot be deprived of it. Similarly, all of the rightful heirs alive at the time of the person’s demise will be entitled to their share of the inheritance.

 

وأما بيان الوقت الذي يجري فيه الإرث........ وقال مشايخ بلخ الإرث يثبت بعد موت المورث

(Al Bahrul-Raaiq, 9/364. Rashidiyya)

And Allah knows best

Wassalam u Alaikum

Ml. Asif Umar,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

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