Fatwa: # 18469
Category: Inheritance
Country: United States
Date: 1st February 2010

Title

We require more information

Question


 

  1. My father died about 11 yrs. ago. We did not divide his estate at that time. We thought it is supposed to be divided between his wife and daughters only (as he let a wife and two daughters) and we decided that we will divide them whenever needed (as both us sisters were married). Now we came to know that my father’s sisters and brothers also had the share in his estate. And we have definitely committed a big sin by not dividing his estate 11 yrs. back.

Now the condition is that at the time when my father died he left following people:

    1. wife
    2. 2 daughters (both married)
    3. 1 brother  (originally he had 2 brothers but 1 passed away before him)
    4. 3 sisters

But now 1 (remaining)brother and 1 sister also have died in all these years. And we don’t know how to divide the estate now?

a)      What could we do with the share of passed away brother(s) and sister? Could their share now be given to their kids or be given to some charity or any other way?

b)      How many shares would each person get (please clearly explain because of some living and some passed away heirs)?

 

 

2. My son of age 2 yrs. and 4 months by accident drank some breast milk out of the bottle my friend took out for her infant. It was anywhere from half ounce to one ounce. Now my question is does the relation of “razaaat” has formed between my son and my friend?

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

1.      We require more information regarding the brother and sister who passed away after your father’s death. Who passed away first and how many heirs did they each leave behind?

2.      The period in which a foster relation institutes is two years. Therefore, no foster relation will be established between your son and your friend.

 

 

هو (حولان ونصف عنده وحولان) فقط (عندهما وهو الاصح) فتح، وبه يفتى كما في تصحيح القدوري عن العون

(Al Durrul Mukhtaar V-3, P-209 Saeed)

 

وَقَدْ اُخْتُلِفَ فِيهِ قَالَ أَبُو حَنِيفَةَ : ثَلَاثُونَ شَهْرًا وَلَا يُحَرِّمُ بَعْدَ ذَلِكَ سَوَاءٌ فُطِمَ أَوْ لَمْ يُفْطَمْ ، وَقَالَ أَبُو يُوسُفَ وَمُحَمَّدٌ - رَحِمَهُمَا اللَّهُ تَعَالَى - : حَوْلَانِ لَا يُحَرِّمُ بَعْدَ ذَلِكَ فُطِمَ أَوْ لَمْ يُفْطَمْ

(Badai’I V-3, P-402 Darul kitaab)

 

قَوْلُهُ ( وَمُدَّةُ الرَّضَاعِ عِنْدَ أَبِي حَنِيفَةَ ثَلَاثُونَ شَهْرًا . وَقَالَ أَبُو يُوسُفَ وَمُحَمَّدٌ سَنَتَانِ ) .

(Al Tasheeh Wa Al Tarjeeh P-335 Ilmiyyah)

(Fataawa Mahmudiyyah V-13, P-622 Faruqiyyah)

(Al Fataawa Al Aalamgeeriyyah V-1, P-342 Rasheediyyah)

 

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum 

Ml. Ebrahim Desai,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

 

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