Category: Inheritance
Fatwa#: 19552
Asked Country: India

Answered Date: Nov 07,2011

Title: Why does the deceased child who passed away not inherit?

Question

Assalāmualaikum Mufti Saheb. I have heard for example that if a man has four children and one of his children passes away before the man dies, then that deceased child will not inherit nor will his heirs inherit.  Can you please provide the relevant Hadīth on this and also explain the Hikmah behind this ruling?  JazākAllāhu Khaira.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We understand from the query that the son has passed away before the deceased father’s death.  And the question is regarding the son who has passed away.  Why does he not inherit?

In principle, only those heirs who are alive at the time of the deceased one’s death will inherit.  The reason for this is quite obvious.  When the one entitled to a share is not present then there is no reason for allotting him a share.

With regards to the deceased son’s heirs (sons and daughters who are in fact the deceased one’s grandchildren), they will not inherit if their father (the deceased son) is alive. [1] [2]  However if their father (the deceased son) has passed away, then there is a possibility they will inherit.  Therefore there should be no confusion remaining. 

And Allah Ta’āla Knows Best

Mawlana Abdul Azeem bin Abdur Rahman,
Student Darul Iftaa
US

Checked and Approved by,
Mufti Husain Kadodia.
www.daruliftaa.net



[1]  وان كان للميت ابن, فلا شيء لبنت البن (المحيط البرهاني, ج 23, ص 289: ادارة القران والعلوم الاسلامية)

[2]  اولى العصبات باالميراث الابن, ثم ابن الابن (المحيط البرهاني, ج 23, ص 307: ادارة القران والعلوم الاسلامية)

 

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