The Majlis Archive

Death and Wills The Majlis Vol 22 No 01, p.12

A woman who passed away has no parents, husband and children.

Question

A woman who passed away has no parents, husband and children. Her only heirs are 4 sisters and 2 brothers. Her estate consists of gold coins, cash, clothing, food stuff and fixed property. The brothers gave the clothing and food stuff to the sisters. The brothers are intending to give the cash, gold coins and the income from the property to charity. What is the Shariah's ruling?

Answer

The estate has to be divided into 8 equal shares. Each brother receives 2 shares, and each sister one share. This same division applies to the clothing and the foodstuff. It was not permissible to randomly give these goods to the sisters. Whilst the brothers may give their shares of the goods to their sisters, they do not have the right to give the share of one sister to another sister or to give a sister less than her actual share. To rectify this wrong, the clothes and the foodstuff should be divided into four lots, each being of more or less the same value. Then each sister may select one lot. After they have taken possession of their respective lots, they may do with it as they please.

It is haraam for the brothers to give to charity any portion of the inheritance of the sisters. It is Waajib to finalize the distribution of the assets and give possession to each heir. Thereafter, each one may decide to give to charity whatever he/she wishes or retain the whole inheritance.

The rental income may not be given to charity. It has to be distributed to the heirs as mentioned above. After receiving their rental, the heirs can decide what to do with the money. It is haraam for the brothers to give the shares of their sisters to charity.

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The Majlis Vol 22 No 01
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