If a son marries and lives independently in his own home, separate from his parents, does he have a share in the inheritance after his father’s death, given that the father has a group of sons?
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The questioner : If a son marries and lives independently in his own home, separate from his father, does he have a share in the inheritance after his father’s death, given that the father has a group of sons? We seek your guidance on this matter.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment:
Allah (Mighty and Majestic) says:[An-Nisa 4:11] The word "children" includes both males and females. Therefore, every son inherits from his father, and every daughter inherits from her father, unless there is a barrier to inheritance. A son living separately from his father in his own house is not a barrier to inheritance, because there are three barriers to inheritance:
The first is a difference in religion, such as the deceased being of one faith and the heir being of another. If the father is a disbeliever and the son is a Muslim, there is no mutual inheritance between them, based on what is established in the authentic hadith of Usamah ibn Zayd, in which the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2909Sahih (Al-Albani). The second is killing; if one intentionally kills his heir, he does not inherit from him, because if he were to inherit from him, it would open the door for anyone who wants to hasten the inheritance from a person to go and kill him, so this door is closed.
However, if the killing is certainly accidental, the correct opinion is that it does not prevent inheritance, but the killer does not inherit any of the blood money, because the blood money is a liability upon him, and if he were to inherit from it, it would result in the waiver of it or part of it.
The third barrier to inheritance is slavery; that is, if the heir is a slave, he is prevented from inheritance even if the cause for his entitlement to inheritance exists. This is because the slave’s ownership reverts to his master. The Prophet (peace and blessings be upon him) said:Sunan al-Bayhaqi 5:326 These three barriers prevent one who has the cause for inheritance from inheriting.
As for what the questioner mentioned regarding his living separately from his father, that is not a barrier to inheritance. If his father dies, his wealth is distributed among his children, the daughters and the sons, with the male receiving the share of two females, after the recipients of fixed shares who inherit with them have taken their fixed shares.
The questioner : May Allah bless you.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment:
Allah (Mighty and Majestic) says:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThe first is a difference in religion, such as the deceased being of one faith and the heir being of another. If the father is a disbeliever and the son is a Muslim, there is no mutual inheritance between them, based on what is established in the authentic hadith of Usamah ibn Zayd, in which the Prophet (peace and blessings be upon him) said:
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمHowever, if the killing is certainly accidental, the correct opinion is that it does not prevent inheritance, but the killer does not inherit any of the blood money, because the blood money is a liability upon him, and if he were to inherit from it, it would result in the waiver of it or part of it.
The third barrier to inheritance is slavery; that is, if the heir is a slave, he is prevented from inheritance even if the cause for his entitlement to inheritance exists. This is because the slave’s ownership reverts to his master. The Prophet (peace and blessings be upon him) said:
If one sells a slave who has wealth, his wealth belongs to the one who sold him, unless the buyer stipulates otherwise.
من باع عبداً له مال فماله للذي باعه إلا أن يشترط المبتاعAs for what the questioner mentioned regarding his living separately from his father, that is not a barrier to inheritance. If his father dies, his wealth is distributed among his children, the daughters and the sons, with the male receiving the share of two females, after the recipients of fixed shares who inherit with them have taken their fixed shares.
The questioner : May Allah bless you.