Is it permissible to divide the factory shares as a gift among the females, the males, and the mother?
Machine translationRead the Arabic original
The questioner : ... It is permissible to pay this, O Shaykh, what we agreed upon as a division... It is permissible to pay... I mean, there is no harm, may Allah bless you. We came and we estimated it at one thousand dinars, and the one thousand dinars for ten individuals, males and females, we divided it among ten, so we made the payment of one hundred dinars deferred, and it is paid when... well, the work is currently continuous, the work of the individuals in their entirety is doing... the individuals do the original work, which is the father who manages all the money. Now he does not work, so we come and estimate for us, for example, seven females from the shares that we divided as a gift. We estimated her share at one hundred dirhams, we estimated that what comes out to her from all the money we have is one hundred dirhams... from the dinar or... or such, one hundred dirhams, and we made this division until, until, until the time of Allah (Mighty and Majestic) comes, this is paid, the heirs pay it, meaning they share in the work project or the factory. The factory is divided, for example, into more than one section, so this female has such and such of the dirham, meaning.
The Shaykh : ... .
The questioner: Yes.
The Shaykh: She has such and such, when?
The questioner: She has.
The Shaykh: She has such and such.
The questioner: Yes.
The Shaykh: When?
The questioner: When, for example, I mean when is this possible, for example in the father's life, if Allah facilitates matters and such, the value that reaches us is paid to her... every day we calculate from us to us, for example, one million dinars, one million dinars is divided among 12 individuals.
The Shaykh: All right.
The questioner: Of course, the question is, does the mother have a share or not?
The Shaykh: She is an heir.
The questioner: The mother, her share is also to be a gift division.
The Shaykh: No, she is an heir.
The questioner: Meaning it is divided among more than 12.
The Shaykh: No.
The questioner: Go ahead.
The Shaykh: She has, meaning, the right of inheritance.
The questioner: Yes.
The Shaykh: But she does not enter into the matter of justice mentioned in the hadith regarding the children.
The questioner: Yes.
The Shaykh: And here this takes a second aspect. Now let us stand at this for a little while. The father, or let us say the husband, has the right to give his wife from his wealth whatever he wishes, and he does not have the right to bequeath to her, even if it is a qirsh...
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: If he bequeaths, his bequest is unjust and invalid; because he (peace and blessings be upon him) said:, so the wife inherits from her husband whether he wishes or not. If he wrote in his bequest the prohibition of the wife, it is an unjust bequest. If he wrote in his bequest to give her one qirsh above what she is entitled to, then it is an unjust and invalid bequest. And therefore, now, as we did regarding the invalidation of the procedure of dividing the inheritance shares among the children.
The questioner: Yes.
The Shaykh: Before the cause occurs.
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: Likewise, we say completely regarding the wife, meaning here the mother of the children.
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: But this father has the right to give his wife, meaning the mother of the children, from a gift whatever he wishes. There is no regard for justice here.
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: Did you understand me?
The questioner : Yes, yes.
The Shaykh: So, if in reality the mother of the children is still, and praise be to Allah, in the state of life, then he can, for example.
The questioner: Yes.
The Shaykh: Make a quarter of this workshop a gift, not a bequest.
The questioner: Yes.
The Shaykh: By the amount of one, as he sees fit, and as he sees fit for her children and his children together.
The questioner: Yes.
The Shaykh: Clear?
The questioner: Yes, may Allah bless you.
The Shaykh: So he cuts off for her a share.
The questioner: Yes.
The Shaykh: He adds this cut-off share to the shares of the children.
The questioner: Yes, males and females.
The Shaykh: Males and females.
The questioner: Yes.
The Shaykh : ... .
The questioner: Yes.
The Shaykh: She has such and such, when?
The questioner: She has.
The Shaykh: She has such and such.
The questioner: Yes.
The Shaykh: When?
The questioner: When, for example, I mean when is this possible, for example in the father's life, if Allah facilitates matters and such, the value that reaches us is paid to her... every day we calculate from us to us, for example, one million dinars, one million dinars is divided among 12 individuals.
The Shaykh: All right.
The questioner: Of course, the question is, does the mother have a share or not?
The Shaykh: She is an heir.
The questioner: The mother, her share is also to be a gift division.
The Shaykh: No, she is an heir.
The questioner: Meaning it is divided among more than 12.
The Shaykh: No.
The questioner: Go ahead.
The Shaykh: She has, meaning, the right of inheritance.
The questioner: Yes.
The Shaykh: But she does not enter into the matter of justice mentioned in the hadith regarding the children.
The questioner: Yes.
The Shaykh: And here this takes a second aspect. Now let us stand at this for a little while. The father, or let us say the husband, has the right to give his wife from his wealth whatever he wishes, and he does not have the right to bequeath to her, even if it is a qirsh...
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: If he bequeaths, his bequest is unjust and invalid; because he (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثThe questioner: Yes.
The Shaykh: Before the cause occurs.
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: Likewise, we say completely regarding the wife, meaning here the mother of the children.
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: But this father has the right to give his wife, meaning the mother of the children, from a gift whatever he wishes. There is no regard for justice here.
The questioner: Whether he bequeaths or does not bequeath, it does not enter.
The Shaykh: Did you understand me?
The questioner : Yes, yes.
The Shaykh: So, if in reality the mother of the children is still, and praise be to Allah, in the state of life, then he can, for example.
The questioner: Yes.
The Shaykh: Make a quarter of this workshop a gift, not a bequest.
The questioner: Yes.
The Shaykh: By the amount of one, as he sees fit, and as he sees fit for her children and his children together.
The questioner: Yes.
The Shaykh: Clear?
The questioner: Yes, may Allah bless you.
The Shaykh: So he cuts off for her a share.
The questioner: Yes.
The Shaykh: He adds this cut-off share to the shares of the children.
The questioner: Yes, males and females.
The Shaykh: Males and females.
The questioner: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.