A man bought a plot of land, and his sons built a four-story building on it. He passed away, and the house remained in his name.
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The questioner : A man bought a plot of land, and his sons built a four-story house. He passed away, and the house remained in his name. Is it permissible to prioritize the heirs over the inheritors, as stated in the Book of Allah and the Sunnah of the Messenger of Allah, regarding the male having a share equal to that of two females? Or, given the admission of the sisters and brothers that the sons are the ones who built this house, what is the share of the daughters?
The Shaykh : I want to understand the question well. Is the question revolving around the fact that the males are the ones who spent the money, or is it revolving around the fact that some people differentiate in inheritance between money, for example, or as Allah the Exalted said:[An-Nisa 4:11], and land, where females do not inherit from it or are made equal to them? I want to understand whether the question revolves around this or that.
The questioner : The question revolves around whether the daughters take the same as the sons in the house.
Another questioner : The sons are the ones who built the house.
The questioner : The sons are the ones who built the house.
The Shaykh : I said this, I mentioned it.
Another questioner : This...
The Shaykh : I mentioned both matters.
The questioner : The father bought the house.
The Shaykh: Yes.
Another questioner : The father bought the house.
Another questioner : The house and the land.
The questioner : But I say the land, he bought the land alone, and the sons carried out the building of the house on the land.
The Shaykh: All right.
The questioner : He passed away, and the house remained in his name.
The Shaykh: All right.
The questioner : When dividing the inheritance, does this apply to the Book[An-Nisa 4:11], considering that the daughters themselves know that the sons built this house?
The Shaykh : So your question revolves around the first of the two scenarios I mentioned. The answer now: when the sons built these apartments, was that during their father’s lifetime?
The questioner: Yes.
The Shaykh : Was that counted for their father’s account or for their own account? If it was for their father’s account, then the daughters are partners in the land and in all these apartments according to the Quranic text:[An-Nisa 4:11]. But if the sons built what they built counted for their own account with their father, then in that case, they—meaning the daughters—do not share with them in what they built, but rather they share with them in the land on which it was built.
Yes.
The Shaykh : I want to understand the question well. Is the question revolving around the fact that the males are the ones who spent the money, or is it revolving around the fact that some people differentiate in inheritance between money, for example, or as Allah the Exalted said:
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِThe questioner : The question revolves around whether the daughters take the same as the sons in the house.
Another questioner : The sons are the ones who built the house.
The questioner : The sons are the ones who built the house.
The Shaykh : I said this, I mentioned it.
Another questioner : This...
The Shaykh : I mentioned both matters.
The questioner : The father bought the house.
The Shaykh: Yes.
Another questioner : The father bought the house.
Another questioner : The house and the land.
The questioner : But I say the land, he bought the land alone, and the sons carried out the building of the house on the land.
The Shaykh: All right.
The questioner : He passed away, and the house remained in his name.
The Shaykh: All right.
The questioner : When dividing the inheritance, does this apply to the Book
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِThe Shaykh : So your question revolves around the first of the two scenarios I mentioned. The answer now: when the sons built these apartments, was that during their father’s lifetime?
The questioner: Yes.
The Shaykh : Was that counted for their father’s account or for their own account? If it was for their father’s account, then the daughters are partners in the land and in all these apartments according to the Quranic text:
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِYes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.