Is it permissible to divide the inheritance before the death of the deceased?
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The questioner : May Allah bless you. May Allah bless you, our Shaykh. We are here at a point where we have discussed this matter. For example, we want to do this now, in the present time. We are, as you said, in a situation where we want to assess everything that exists and divide it, because there are males and females?
The Shaykh : It is divided.
The questioner : It is divided.
The Shaykh : Why?
The questioner : I mean, the process of division, for example, I intend, our Shaykh, yes.
The Shaykh : You say, wait, may Allah bless you. You say it is divided...
The questioner: Yes.
The Shaykh : I am asking you why. You start explaining the division, but I want to understand why it is divided?
The questioner : By way of agreement. We want to agree. We say, as our brother mentioned, that this has reached a value of one hundred dinars. Now, when my brother asked, I told him it depends on the type of agreement. Here, we agreed that this is one hundred dinars. One hundred dinars comes out to the male like this and to the female like this, since we are in agreement, yes.
The Shaykh : May Allah forgive you, my brother. Answer me: why is it divided?
The questioner : ... .
The Shaykh : My brother, say it is a mistake. I want to clarify.
The questioner : May Allah bless you.
The Shaykh : Otherwise, what is built on a mistake...
The questioner : So it is a mistake.
The Shaykh : So it is a mistake.
The questioner : May Allah reward you.
The Shaykh : So we do not want to wait.
The questioner: Yes.
The Shaykh : We wander in the mistake.
The questioner: Yes.
The Shaykh : And we build on a mistake. What do we benefit? We benefit nothing.
The questioner : ...
The Shaykh : May Allah guide you. This division that you are referring to...
The questioner: Yes.
The Shaykh : It seems to me, or I heard, and there is no doubt that one is stronger than the other, that you are referring to a division, a division of inheritance.
The questioner : Exactly.
The Shaykh : Is that not so?
The questioner : Exactly, yes.
The Shaykh : Then my question remains, based on what I have heard and verified now.
The questioner: Yes.
The Shaykh : I will tell you, after this verification, that is an unjust division.
The questioner : The information did not reach you, our Shaykh. It did not reach you. We did not come to our Shaykh except to take what is correct and clear. We are perhaps in a mistake, and we did not come to this place except that we want to correct it, oh Shaykh.
The Shaykh : This is called achieving the inevitable. I do not doubt that you came to know the truth and follow it.
The questioner: Yes.
The Shaykh : But knowing the truth requires patience.
The questioner: Yes.
The Shaykh : FromThe student : and what is required together.
The questioner : Correct. May Allah open for you.
The Shaykh : It is not permissible, my brother, to carry out a division of a deceased's property before the realization of the legal cause for the division of inheritance. What is that?
The questioner : Death.
The Shaykh : What did you say?
The questioner : Death.
The Shaykh : Death, yes, ah. And therefore, in this situation, in addition to the fact that this division has no basis in the Shari'ah, we also fear that the saying of one of the wise will apply to those who rush: "Whoever hastens a thing before its time is tried with its deprivation." Therefore, carrying out the division is not valid.
The questioner: Yes.
The Shaykh : Is it clear up to here?
The questioner : Yes, yes.
The Shaykh : Good, but there is no disease without a cure. A division can be carried out that is not a division of inheritance, but rather a division of a gift.
The questioner : A division of a gift.
The Shaykh : A gift, a division of a present. But the outcome differs completely between a division of inheritance based on the Shari'ah of inheritance shares and a division of gifts and presents. The division of inheritance, as I mentioned, is[An-Nisa 4:11], whereas gifts and presents are equal; the male and the female are equal, as stated in the general meaning of the hadith of Nu'man ibn Bashir. Nu'man ibn Bashir (may Allah be pleased with him and his father) was a Companion, the son of a Companion: "Bashir came with his young son Nu'man in his company to the Messenger of Allah (peace and blessings be upon him). He said: 'O Messenger of Allah, I have given my son so-and-so, who is Nu'man, a gift.' He said: . He said: 'No.'" Then the story was mentioned, in summary: "When Nu'man's father gave Nu'man that gift, his mother said: 'I am not satisfied.'" The wife, Nu'man's mother, said to her husband: "I am not satisfied until the Messenger of Allah (peace and blessings be upon him) testifies to it." When the Messenger (peace be upon him) heard this, he said: . From here, gifts and presents to children must take this into account.
The questioner : Equality.
The Shaykh : Equality. If you see that it is in the interest of the offspring...
The questioner: Yes.
The Shaykh : Carrying out the division in order to resolve the dispute that often occurs, unfortunately, among the heirs after the cause has been realized, as we mentioned earlier. Yes, the division can be carried out, but not based on the fixed shares of inheritance, but rather based on the hadith of Nu'man ibn Bashir. In that case, if the division is carried out, let us suppose that the number of brothers who are heirs is only ten, then each one takes a part of the hundred, ten parts.
The questioner : It is divided among ten, males and females.
The Shaykh : Males and females. This is the meaning of the difference.
The questioner: Yes.
The Shaykh : As mentioned earlier.
The questioner : Yes, yes.
The Shaykh : Yes. In that case, if this partnership is blessed by Allah and it increases its profit, each one takes from the profit like the other.
The questioner: Yes.
The Shaykh : And this is the just division that contradicts the unjust division.
The questioner : May Allah open for you, oh Shaykh.
The Shaykh : It is divided.
The questioner : It is divided.
The Shaykh : Why?
The questioner : I mean, the process of division, for example, I intend, our Shaykh, yes.
The Shaykh : You say, wait, may Allah bless you. You say it is divided...
The questioner: Yes.
The Shaykh : I am asking you why. You start explaining the division, but I want to understand why it is divided?
The questioner : By way of agreement. We want to agree. We say, as our brother mentioned, that this has reached a value of one hundred dinars. Now, when my brother asked, I told him it depends on the type of agreement. Here, we agreed that this is one hundred dinars. One hundred dinars comes out to the male like this and to the female like this, since we are in agreement, yes.
The Shaykh : May Allah forgive you, my brother. Answer me: why is it divided?
The questioner : ... .
The Shaykh : My brother, say it is a mistake. I want to clarify.
The questioner : May Allah bless you.
The Shaykh : Otherwise, what is built on a mistake...
The questioner : So it is a mistake.
The Shaykh : So it is a mistake.
The questioner : May Allah reward you.
The Shaykh : So we do not want to wait.
The questioner: Yes.
The Shaykh : We wander in the mistake.
The questioner: Yes.
The Shaykh : And we build on a mistake. What do we benefit? We benefit nothing.
The questioner : ...
The Shaykh : May Allah guide you. This division that you are referring to...
The questioner: Yes.
The Shaykh : It seems to me, or I heard, and there is no doubt that one is stronger than the other, that you are referring to a division, a division of inheritance.
The questioner : Exactly.
The Shaykh : Is that not so?
The questioner : Exactly, yes.
The Shaykh : Then my question remains, based on what I have heard and verified now.
The questioner: Yes.
The Shaykh : I will tell you, after this verification, that is an unjust division.
The questioner : The information did not reach you, our Shaykh. It did not reach you. We did not come to our Shaykh except to take what is correct and clear. We are perhaps in a mistake, and we did not come to this place except that we want to correct it, oh Shaykh.
The Shaykh : This is called achieving the inevitable. I do not doubt that you came to know the truth and follow it.
The questioner: Yes.
The Shaykh : But knowing the truth requires patience.
The questioner: Yes.
The Shaykh : FromThe student : and what is required together.
The questioner : Correct. May Allah open for you.
The Shaykh : It is not permissible, my brother, to carry out a division of a deceased's property before the realization of the legal cause for the division of inheritance. What is that?
The questioner : Death.
The Shaykh : What did you say?
The questioner : Death.
The Shaykh : Death, yes, ah. And therefore, in this situation, in addition to the fact that this division has no basis in the Shari'ah, we also fear that the saying of one of the wise will apply to those who rush: "Whoever hastens a thing before its time is tried with its deprivation." Therefore, carrying out the division is not valid.
The questioner: Yes.
The Shaykh : Is it clear up to here?
The questioner : Yes, yes.
The Shaykh : Good, but there is no disease without a cure. A division can be carried out that is not a division of inheritance, but rather a division of a gift.
The questioner : A division of a gift.
The Shaykh : A gift, a division of a present. But the outcome differs completely between a division of inheritance based on the Shari'ah of inheritance shares and a division of gifts and presents. The division of inheritance, as I mentioned, is
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِDid you give to your brothers the same as you gave to him?
هل وهبت لإخوته مثلما وهبت له ؟I do not testify to injustice. Be just among your children as you would like them to be just with you in their dutifulness to you
إني لا أشهد على جَوْر ، اعدلوا بين أولادكم كما تحبُّون أن يعدلوا معكم في برِّهمThe questioner : Equality.
The Shaykh : Equality. If you see that it is in the interest of the offspring...
The questioner: Yes.
The Shaykh : Carrying out the division in order to resolve the dispute that often occurs, unfortunately, among the heirs after the cause has been realized, as we mentioned earlier. Yes, the division can be carried out, but not based on the fixed shares of inheritance, but rather based on the hadith of Nu'man ibn Bashir. In that case, if the division is carried out, let us suppose that the number of brothers who are heirs is only ten, then each one takes a part of the hundred, ten parts.
The questioner : It is divided among ten, males and females.
The Shaykh : Males and females. This is the meaning of the difference.
The questioner: Yes.
The Shaykh : As mentioned earlier.
The questioner : Yes, yes.
The Shaykh : Yes. In that case, if this partnership is blessed by Allah and it increases its profit, each one takes from the profit like the other.
The questioner: Yes.
The Shaykh : And this is the just division that contradicts the unjust division.
The questioner : May Allah open for you, oh Shaykh.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.