A man died and left behind a large farm that brings in substantial income every year, which is divided according to the Islamic law of inheritance, with the male receiving twice the share of the female. Is their practice correct?
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The questioner : A man died and left behind a large farm, and every year this farm generates substantial income. They divide it according to the Islamic law of inheritance, with the male receiving twice the share of the female. Is their practice correct?
The Shaykh : Yes, this practice is correct, because when a person dies, his wealth passes to his heirs after his death.
However, debts are settled first, then the bequest from one-third or less for a non-heir, and then the inheritance. If there is no debt on this farm, its produce belongs to the heirs and the bequest. If there is no bequest, its produce belongs to the heirs alone, who inherit it according to the Islamic law of inheritance: the residuary heirs (asabah) receive twice the share of the female, and those with fixed shares receive what Allah has prescribed for them.
The questioner : May Allah reward you.
The Shaykh : Yes, this practice is correct, because when a person dies, his wealth passes to his heirs after his death.
However, debts are settled first, then the bequest from one-third or less for a non-heir, and then the inheritance. If there is no debt on this farm, its produce belongs to the heirs and the bequest. If there is no bequest, its produce belongs to the heirs alone, who inherit it according to the Islamic law of inheritance: the residuary heirs (asabah) receive twice the share of the female, and those with fixed shares receive what Allah has prescribed for them.
The questioner : May Allah reward you.