Fatwa: # 45594
Category: Inheritance (Irth)
Country:
Date: 25th July 2020

Title

My question is about inheritance

Question

Assalamoe alaykoem, My question is about inheritance. My mother passed away 3 weeks ago and our house was already on sale. We are wondering what we should do with the money if our house gets sold. Our family members: Husband Son 1 Son 2 Daughter 1 Daughter 2 My second question. My mother had money on my name (daughter); before she died, she asked us to go to Hadj and give some money to the youngest son. We are not sure if we have to share her heritance or not Thank you

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh

DISCLAIMER

The Shariah ruling herein given is based specifically on the question posed and should be read in conjunction with the question.

Darul Iftaa bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.

This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Iftaa

 

May Allah Ta’ala shower His infinite mercy on your mother and grant her the highest stages of Jannah. Ameen

If your mother was the sole owner of the house when she passed away, then if the house is sold, the money will be distributed amongst all the heirs according to their share of inheritance.

According to the Shariah Laws of Inheritance and Succession, distribution of an estate will only commence after burial/funeral expenses, debts (including legal costs) and bequests (if any) made to non-heirs have been settled. The bequest can only be to a maximum of one-third (1/3) of the estate after the debts and funeral expenses have been paid. After that, all the remaining assets will form part of the net estate and will be distributed amongst the heirs according to the Islamic Laws of Inheritance and Succession.

 

We are advised that the deceased is survived by a husband, 2 daughters and 2 sons. If both the parents of the Mayyit are deceased and there are no other heirs besides these, then the estate will be divided into 8 shares as follows:

Heir

Shares

Percentage

 Husband

2

25%

 Son

2

25%

 Son

2

25%

 Daughter

1

12.5 %

 Daughter

1

12.5%

 Total

8

100 %

 

You mention that your mother had some money on your name. Please clarify, did she gift you the money or was it just on your name for legal purposes etc.? Who had ownership over the money when she passed away? You may respond to admin@daruliftaa.net  ref. Muhammad Fayyaadh.

 

And Allah Ta’āla Knows Best

Muhammad Fayyaadh

Student - Darul Iftaa

South Africa

 

Checked and Approved by,

Mufti Ebrahim Desai

 

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