A man bought a plot of land and built a four-story house in it with his sons, then died. Do the daughters have a share in the inheritance?
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The questioner : A man bought a plot of land, and his son built a four-story house on it. Then Allah took him, and the house remained in his name. Is it permissible to prioritize some heirs over others, as stated in the Book of Allah and the Sunnah of the Messenger of Allah, where the male’s share is equal to that of two females? Or, naturally, by the acknowledgment of the sisters and brothers that their children are the ones who built this house, what is the daughters’ share?
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, which is as Allah the Exalted said:[An-Nisa 4:11], and land, where females do not inherit from it, or they equalize 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. The sons are the ones who built the house. The father bought the land for them, and the sons built the house on the land. Then Allah took him, and the house remained in his name. 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 : Yes. 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, 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.
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, which is as Allah the Exalted said:
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينThe questioner : The question revolves around whether the daughters take the same as the sons in the house. The sons are the ones who built the house. The father bought the land for them, and the sons built the house on the land. Then Allah took him, and the house remained in his name. When dividing the inheritance, does this apply to the Book
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينThe 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 : Yes. 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
للذكر مثل حظ الأنثيين
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.