The Elder Brother’s Disposition of the Orphans’ Inheritance and the Sisters’ Right to Inheritance
Machine translationRead the Arabic original
The questioner:
Following this, a message was received by the program from Yemen, Marib Governorate, sent by listener Mansur Ali al-Zaydi. He says: Our father passed away while we were children, and we have an elder brother. Our father left us an inheritance, so our elder brother sold half of the inheritance, married with the proceeds, built a house, and bought a car. He also took from the remaining inheritance just like any one of us. Now that we have reached the age of maturity, we do not know how to deal with him? Please guide us, may Allah reward you. May Allah reward you with good.
The Shaykh:
It is not permissible for him to do this. It is not permissible for a guardian to dispose of the property of disbelievers and orphans on his own. Allah the Exalted said:[An-Nisa 4:2] And [An-Nisa 4:29] and do not consume your wealth. It was indeed a great transgression.
And He, Glorified and Exalted, said: And when[An-Nisa 4:6], meaning according to his work. So, he eats according to his work, like he does not take what belongs to others. He does not hire someone to work, in which case he takes the same amount and does not increase it, and he eats in a moderate manner. So it is obligatory for the one who is entrusted with the property of minors to be good to it, to preserve it, and to hand it over to them. If he needs something in return for his work, he should refer to the judge to determine what is permissible for him according to the Shari'ah. As for what is between the questioner, or between the questioner and his siblings, and his elder brother, yes, this is a lawsuit, and we refer it to the court. Yes.
The questioner:
He also tells us that his sisters are married, and we took their relatives’ share from the agricultural portion of the inheritance. The rest has not been divided; it is not suitable, and they cannot afford to pay specific amounts to people to cultivate the land. Some say they have no inheritance in this land. Do they have any right or not?
The Shaykh:
It is certain that they have a right to inheritance, even if its value is small. Their right to inheritance, even if its value is low.
The presenter:
May Allah reward you with good and do you well.
Following this, a message was received by the program from Yemen, Marib Governorate, sent by listener Mansur Ali al-Zaydi. He says: Our father passed away while we were children, and we have an elder brother. Our father left us an inheritance, so our elder brother sold half of the inheritance, married with the proceeds, built a house, and bought a car. He also took from the remaining inheritance just like any one of us. Now that we have reached the age of maturity, we do not know how to deal with him? Please guide us, may Allah reward you. May Allah reward you with good.
The Shaykh:
It is not permissible for him to do this. It is not permissible for a guardian to dispose of the property of disbelievers and orphans on his own. Allah the Exalted said:
And give to the orphans their properties and do not substitute the defective
وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ وَلَا تَتَبَدَّلُوا الْخَبِيثَdo not consume one another's wealth
لَا تَأْكُلُوا أَمْوَالَكُمAnd He, Glorified and Exalted, said: And when
release their property to them. And do not consume it excessively and quickly, [anticipating] that they will grow up. And whoever, [when acting as guardian], is self-sufficient should refrain [from taking a fee]; and whoever is poor - let him take according to what is acceptable.
فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ وَلَا تَأْكُلُوهَا إِسْرَافًا وَبِدَارًا أَن يَكْبَرُوا وَمَن كَانَ غَنِيًّا فَلْيَسْتَعْفِفْ وَمَن كَانَ فَقِيرًا فَلْيَأْكُلْ بِالْمَعْرُوفِThe questioner:
He also tells us that his sisters are married, and we took their relatives’ share from the agricultural portion of the inheritance. The rest has not been divided; it is not suitable, and they cannot afford to pay specific amounts to people to cultivate the land. Some say they have no inheritance in this land. Do they have any right or not?
The Shaykh:
It is certain that they have a right to inheritance, even if its value is small. Their right to inheritance, even if its value is low.
The presenter:
May Allah reward you with good and do you well.
Source
نور على الدرب - الفوزان - 02/066 — archive.org (12:47)
The Arabic text is a machine transcription of the audio recording.