The ruling on the inheritance of a son who dies while his father is still alive
Machine translationRead the Arabic original
The Shaykh:
May Allah keep you safe. May Allah be Blessed and Exalted.
The questioner:
The first message in this episode is one that reached the program from Jordan, sent by one of the sisters there. She says: Umm Muhammad, our sister began her message as follows: In the name of Allah, the Most Merciful, the Bestower of Mercy. To His Eminence Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, may Allah honor him. Peace be upon you, and Allah's mercy and blessings. We are two adult sisters. Our father passed away while we were young children. Our mother raised us, and she did well in raising us, and she taught us proper conduct, and she did well in teaching us, and she educated us until we obtained our university degrees. I got married, and my sister remained with our mother. Our financial situation is good, praise be to Allah, and we do not need anyone except Allah, Glorified and Exalted is He. The question is: Our father passed away, and we found that he was still alive, but he did not care for us, and no one took an interest in us, neither our paternal grandfather nor our uncles. By the grace of Allah, our situation is among the best of people, and we found it to be so. Is it permissible for us to demand inheritance from our uncles from our deceased grandfather, or do we have no share in our grandfather's inheritance because our father died while he was alive? Knowing that the grandfather did not bequeath to us anything from the inheritance. We ask His Eminence, our father, to answer our question, and may Allah reward you with good?
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows, I ask Allah to double the reward for your mother, for she has done well, may Allah reward her with good. She did what was required, so we ask Allah to multiply her reward and to reward her for what she did with the reward befitting it, Exalted is He. And all praise is due to Allah who made your affairs easy and made you self-sufficient from His bounty. As for the inheritance from your grandfather, you have no inheritance from the grandfather, because the uncles, who are his sons, exclude the daughters of the son. So you have no inheritance alongside your uncles. And if he bequeathed something to you, you have no share in his estate, and what is with Allah is better and more lasting. And all praise is due to Allah who made you self-sufficient from it and from anything else.
Because the Messenger (peace be upon him) said, “Assign the fixed shares to their rightful heirs, and whatever remains goes to the nearest male heir.” The scholars (may Allah have mercy on them) have reached a consensus that a son excludes the children of a son, whether male or female. And success is from Allah.
May Allah keep you safe. May Allah be Blessed and Exalted.
The questioner:
The first message in this episode is one that reached the program from Jordan, sent by one of the sisters there. She says: Umm Muhammad, our sister began her message as follows: In the name of Allah, the Most Merciful, the Bestower of Mercy. To His Eminence Shaykh 'Abd al-'Aziz ibn 'Abd Allah ibn Baz, may Allah honor him. Peace be upon you, and Allah's mercy and blessings. We are two adult sisters. Our father passed away while we were young children. Our mother raised us, and she did well in raising us, and she taught us proper conduct, and she did well in teaching us, and she educated us until we obtained our university degrees. I got married, and my sister remained with our mother. Our financial situation is good, praise be to Allah, and we do not need anyone except Allah, Glorified and Exalted is He. The question is: Our father passed away, and we found that he was still alive, but he did not care for us, and no one took an interest in us, neither our paternal grandfather nor our uncles. By the grace of Allah, our situation is among the best of people, and we found it to be so. Is it permissible for us to demand inheritance from our uncles from our deceased grandfather, or do we have no share in our grandfather's inheritance because our father died while he was alive? Knowing that the grandfather did not bequeath to us anything from the inheritance. We ask His Eminence, our father, to answer our question, and may Allah reward you with good?
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. All praise is due to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance. As for what follows, I ask Allah to double the reward for your mother, for she has done well, may Allah reward her with good. She did what was required, so we ask Allah to multiply her reward and to reward her for what she did with the reward befitting it, Exalted is He. And all praise is due to Allah who made your affairs easy and made you self-sufficient from His bounty. As for the inheritance from your grandfather, you have no inheritance from the grandfather, because the uncles, who are his sons, exclude the daughters of the son. So you have no inheritance alongside your uncles. And if he bequeathed something to you, you have no share in his estate, and what is with Allah is better and more lasting. And all praise is due to Allah who made you self-sufficient from it and from anything else.
Because the Messenger (peace be upon him) said, “Assign the fixed shares to their rightful heirs, and whatever remains goes to the nearest male heir.” The scholars (may Allah have mercy on them) have reached a consensus that a son excludes the children of a son, whether male or female. And success is from Allah.
Source
قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 11322 - حكم ميراث الابن إذا توفي في حياة والده - نور على الدرب — youtube.com (0:46)
The Arabic text is a machine transcription of the audio recording.