A Disputed Issue Concerning the Heirs
Machine translationRead the Arabic original
Question:
He says: We are six brothers on the father's side, three older and three younger. Our father passed away and left behind agricultural land. Three months after his death, one of our younger brothers passed away, leaving us two younger brothers. When we grew up and inquired about our father's estate, we found that this agricultural land had been divided among us, but it was an unfair division. We found that two of our older brothers had received an extra share. When we asked them where this extra portion came from, they stated that they had purchased it with their own earnings and that we had no claim to it. Then we demanded the share of our deceased younger brother, who is our full brother, so that we could add it to our portion, but they refused on the grounds that he had no right to it because he had died. We know that he did not die until after our father had divided the land, and after our father's death. What is your view on these two matters? First, the extra portion in their shares, and second, their refusal to give us the share of our deceased younger brother after our father.
Answer:
This issue involves a dispute between two parties. You are making this claim, and your brothers have a response to it, as you mentioned. It is necessary to refer to the judge so that he can examine this case in the presence of both parties and hear the argument of each one. After that, the truth will become clear, if Allah wills. Allah knows best.
He says: We are six brothers on the father's side, three older and three younger. Our father passed away and left behind agricultural land. Three months after his death, one of our younger brothers passed away, leaving us two younger brothers. When we grew up and inquired about our father's estate, we found that this agricultural land had been divided among us, but it was an unfair division. We found that two of our older brothers had received an extra share. When we asked them where this extra portion came from, they stated that they had purchased it with their own earnings and that we had no claim to it. Then we demanded the share of our deceased younger brother, who is our full brother, so that we could add it to our portion, but they refused on the grounds that he had no right to it because he had died. We know that he did not die until after our father had divided the land, and after our father's death. What is your view on these two matters? First, the extra portion in their shares, and second, their refusal to give us the share of our deceased younger brother after our father.
Answer:
This issue involves a dispute between two parties. You are making this claim, and your brothers have a response to it, as you mentioned. It is necessary to refer to the judge so that he can examine this case in the presence of both parties and hear the argument of each one. After that, the truth will become clear, if Allah wills. Allah knows best.
Source
قناة «العلامة الدكتور صالح الفوزان»، مسألة خلافية في الورثة - الشيخ الفوزان - مشروع كبار العلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
