Category: Inheritance
Fatwa#: 41135
Asked Country: Canada

Answered Date: Oct 30,2018

Title: Inheritance and financial issues

Question

Z is 46 years old and living abroad. To meet day to day basic expenditures of his wife and sons, he is working 7 days a week and does 3 night shifts. His father passed away 3 years ago and his mother is living with his only two siblings(sisters). Mother has no financial issues as she has her own inheritance(land) left by her ancestors and has also custody of the inheritance left by Z father. Z is in real need of money so he asked his mother to give him some part of his inheritance that his father left(some inheritance is passed by his father's ancestors while part of inheritance is his father own earning). Z mother told him that he has no share in the inheritance as Z wife was given a house(bought by father with his earning) in mehr. Z or his wife was never told that the mehr she got was actually Z inheritance. Now Z is asking his wife for money but she is refusing to give her mehr. Z knows that he can't pressurize his wife as on nikah papers and house papers, it's her mehr. Z was never asked or informed that his share of inheritance was given to his wife as mehr so isn't he entitled for his share in the inheritance and especially when he is financially weak?

Answer

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

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

When Z’s father passed away, Z too was entitled to a share of inheritance from his father’s estate like his mother and siblings. The house was given to Z’s wife as mahr is her marriage right. Z’s father paid the mahr on behalf of Z and did Z a favour. That favour cannot be regarded as Z’s father’s inheritance. It is incorrect to withhold Z’s share of inheritance and in fact a major sin.

Allah Ta’ala Himself has stipulated the heirs of a person and their shares in an entire ruku’ in Surah Nisaa’. Thereafter Allah says,

 

تِلْكَ حُدُودُ اللَّهِ وَمَنْ يُطِعِ اللَّهَ وَرَسُولَهُ يُدْخِلْهُ جَنَّاتٍ تَجْرِي مِنْ تَحْتِهَا الْأَنْهَارُ خَالِدِينَ فِيهَا وَذَلِكَ الْفَوْزُ الْعَظِيمُ (13) وَمَنْ يَعْصِ اللَّهَ وَرَسُولَهُ وَيَتَعَدَّ حُدُودَهُ يُدْخِلْهُ نَارًا خَالِدًا فِيهَا وَلَهُ عَذَابٌ مُهِينٌ (14) [النساء: 13، 14]

Translation: These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment. (Surah Nisaa’: 13, 14)

 

Rasulullah Sallallahu Alaihi Wasallam said,

قال رسول الله صلى الله عليه و سلم : " من فر ميراث وارثه قطع الله ميراثه من الجنة يوم القيامة { سنن ابن ماجه 2/ 902}

 Translation: “Whoever tries to avoid giving the inheritance to his heirs, Allah will deprive him of his inheritance in Paradise on the Day of Resurrection.” (Ibn Majah)[i]

 

 

And Allah Ta’āla Knows Best

Mirza Mahmood Baig

Student Darul Iftaa

Jeddah, KSA

Checked and Approved by,
Mufti Ebrahim Desai.

 

 


[i]   سنن ابن ماجه (2/ 902)

 2703 - حدثنا سويد بن سعيد . ثنا عبد الرحيم بن زيد العمى عن أبيه عن أنس ابن مالك قال قال رسول الله صلى الله عليه و سلم

 Y ( من فر من ميراث وارثه قطع الله ميراثه من الجنة يوم القيامة . ) في الزوائد في إسناده زيد العمى . K ضعيف

 

مشكاة المصابيح للتبريزي (2/ 197)

 3078 - [ 9 ] ( لم تتم دراسته ) وعن أنس قال : قال رسول الله صلى الله عليه و سلم : " من قطع ميراث وارثه قطع الله ميراثه من الجنة يوم القيامة " . رواه ابن ماجه

 

 

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