What is the ruling on the following: I live with my two sisters in the house our parents left us after their death.
Machine translationRead the Arabic original
The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : Shaykh Nasser, please.
The Shaykh: Yes.
The questioner : Please, I am a brother from Algeria, how are you?
The Shaykh : Praise be to Allah, we are well, O Algerian.
The questioner : Brother Kamil from Algeria.
The Shaykh : Welcome, Brother Kamil.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : ... O Shaykh, I wanted to ask, O Shaykh, please, I live in my family's house, meaning my parents' house.
The Shaykh: Yes.
The questioner : And they have passed away, and now I am married and have a daughter who is approximately one year old. I live in my parents' house with three sisters, meaning my sisters, I mean my two sisters.
The Shaykh: Yes.
The questioner : And they speak the language of the disbelievers, they watch television, they listen to singing, and they are immodest in their dress.
The Shaykh : May Allah guide them.
The questioner : And they are immodest in their dress, and I have, meaning, many problems.
The Shaykh: Yes.
The questioner : Meaning, I generally, and my wife specifically.
The Shaykh : Yes.
The questioner : I wanted to say I have been patient and patient since the marriage, two years, and I wanted now, meaning, the final decision I made is to separate, meaning to separate, to have a wall between us. I take two rooms and they take two rooms. I want to separate with my wife and daughter, but without, meaning, violence, or rather, in the best manner, with good treatment, and what they need, I am with them... especially my youngest sister regarding my daughter who is, meaning, one year old... what is your advice...?
The Shaykh : Did you do it?
The questioner: Yes.
The Shaykh : Did you divide the inheritance between you and your sisters?
The questioner : By Allah, I did not hear your question.
The Shaykh : Do you know that when the father or the mother dies.
The questioner: Yes.
The Shaykh : That the wealth he left behind must be divided according to the knowledge of inheritance.
The questioner : No, the father and the mother did not leave any wealth.
The Shaykh : O Shaykh, did they not leave the house you are in?
The questioner: Yes.
The Shaykh : Yes, that is wealth.
The questioner: Yes.
The Shaykh : So answer the question.
The questioner : Yes, they left a house with four rooms.
The Shaykh : I do not care about the details, answer the question, may Allah guide you. Did you perform the legal division between you and your sisters?
The questioner : Okay, I did not understand...
Another questioner : Peace be upon you, O Shaykh.
The Shaykh: And upon you peace.
The questioner : How are you?
The Shaykh : Praise be to Allah, I am well.
The questioner : I am the brother's wife.
The Shaykh : The division of the inheritance his father left?
The questioner : ... .
The Shaykh : O Shaykh, you are repeating the man's words. I am saying he left a house.
The questioner: Yes.
The Shaykh : And this house is wealth.
The questioner : ...
The Shaykh : So it is necessary to perform the division of it.
The questioner: Yes.
The Shaykh : So did he do that?
The questioner : He did not do it.
The Shaykh : Yes, that is what I wanted to reach.
The questioner: All right.
The Shaykh : So it is upon him.
The questioner: Yes.
The Shaykh : To obtain a legal fatwa.
The questioner : But O Shaykh...
The Shaykh : So that each of the siblings, from his wife and his sisters, each of them takes his share. And it is known, His saying - Exalted is He - :[An-Nisa 4:11] , so if he performs the division of the house and, for example, half comes to him, or less, or more, and he performs the division he asked me about, or regarding which, meaning he erects a wall separating his house from his sisters' house, if he erects this wall on his right in this house, it is permissible, otherwise it is not permissible for him to encroach on his sisters' right.
The questioner : But O Shaykh...
The Shaykh : This is another matter, may Allah guide you.
The questioner: Amen.
The Shaykh : This is another matter.
The questioner: Yes.
The Shaykh : He presented to me a question that he wants he and his wife to raise their daughter because his sisters, you were next to him when he asked, or not?
The questioner : I was next to him, O Shaykh.
The Shaykh : Okay, so he mentioned that they enjoy watching television and there become problems and the like, so for the sake of relief he asked if this separation is permissible. So I asked him before his answer to know if he has a right to erect the wall and get two rooms from the house, or if he has no right to that. But you are now asking about something else.
The questioner : Yes, and this is the same question, O Shaykh.
The Shaykh : This is your question, may Allah guide you. As for his question, it is something else.
The questioner : Yes... this question.
The Shaykh : I can, and why would I not, but I do not know who sent you... is it you or your husband?
The questioner : Both, O Shaykh.
The Shaykh : How both? He wants relief from the problem, you say if we get relief from the problem we fall into a problem.
The questioner: Yes.
The Shaykh : He does not say this. So agree with your husband to pose the question that covers the subject from every side, after that I can answer. But your question is one thing and your husband's question is another, so this is truly a problem.
The questioner : ... if we do this thing... those two rooms... meaning, do we sin for that or not...?
The Shaykh : Did they agree?
The questioner : Did they agree to this thing, meaning.
The Shaykh : Did they agree after they knew their share of the house? Say no.
The questioner : ... .
The Shaykh : May Allah guide you, I told you, say no.
The questioner : ... .
The Shaykh : You started to say because this is an explanatory clause in the Arabic language. You are explaining with your saying what are you explaining? And I am telling you, say no or say yes. Did they know their right in the house legally? Say yes or say no.
The questioner: No.
The Shaykh : So it is not permissible until they know their right in the house, and after that, if the sisters reconcile with their brother, the matter is by mutual agreement, everything is easy, and reconciliation is better. But if they do not know their right, meaning if they have legally two-thirds of the house and the brother has one-third of the house.
The questioner: Yes.
The Shaykh : Then they reconcile that the brother takes half, and then we know that they were oppressed, so the problem will occur again. So the truth, the truth.
The questioner: Yes.
The Shaykh : That the solution to the problem.
The questioner: Yes.
The Shaykh : Listen, may Allah guide you, the solution to the problem now is that each of the heirs knows what is their right in the house. After that, if they reconcile, reconciliation is better. And the conversation has been long, so now you know what you should know: what is your husband's right and what is the sisters' right. After that, every incident has its own story, and peace be upon you.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : May Allah bless you.
The Shaykh : This is what is in the best manner.
The questioner : ... .
The Shaykh : Yes.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : ... .
The Shaykh : And may Allah protect you, if Allah wills.
The questioner : ...
The Shaykh : Welcome.
The questioner : The brothers in Makkah send you their greetings.
The Shaykh : How?
The questioner : I was in Makkah, there the brothers send you their greetings.
The Shaykh : And upon them peace. Are you residing there?
The questioner : I resided there for four years.
The Shaykh : May Allah keep you safe, and now.
The questioner : And now, for two months, here in Abu Malik Mosque.
The Shaykh : And you will stay here?
The questioner : I will go, if Allah wills, to the Emirates.
The Shaykh : The Emirates, to which one?
The questioner : Ras Al Khaimah, if Allah wills.
The Shaykh : Ras Al Khaimah, ah. In any case...
The questioner : If Allah wills.
The Shaykh : If Allah wills.
The questioner : ... .
The Shaykh : Okay, may Allah reward you with good.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : ... .
The Shaykh . If Allah wills, welcome.
The questioner : May Allah reward you with good and may Allah bless you.
The Shaykh : And may Allah protect you, if Allah wills.
The Shaykh: And upon you peace.
The questioner : Shaykh Nasser, please.
The Shaykh: Yes.
The questioner : Please, I am a brother from Algeria, how are you?
The Shaykh : Praise be to Allah, we are well, O Algerian.
The questioner : Brother Kamil from Algeria.
The Shaykh : Welcome, Brother Kamil.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : ... O Shaykh, I wanted to ask, O Shaykh, please, I live in my family's house, meaning my parents' house.
The Shaykh: Yes.
The questioner : And they have passed away, and now I am married and have a daughter who is approximately one year old. I live in my parents' house with three sisters, meaning my sisters, I mean my two sisters.
The Shaykh: Yes.
The questioner : And they speak the language of the disbelievers, they watch television, they listen to singing, and they are immodest in their dress.
The Shaykh : May Allah guide them.
The questioner : And they are immodest in their dress, and I have, meaning, many problems.
The Shaykh: Yes.
The questioner : Meaning, I generally, and my wife specifically.
The Shaykh : Yes.
The questioner : I wanted to say I have been patient and patient since the marriage, two years, and I wanted now, meaning, the final decision I made is to separate, meaning to separate, to have a wall between us. I take two rooms and they take two rooms. I want to separate with my wife and daughter, but without, meaning, violence, or rather, in the best manner, with good treatment, and what they need, I am with them... especially my youngest sister regarding my daughter who is, meaning, one year old... what is your advice...?
The Shaykh : Did you do it?
The questioner: Yes.
The Shaykh : Did you divide the inheritance between you and your sisters?
The questioner : By Allah, I did not hear your question.
The Shaykh : Do you know that when the father or the mother dies.
The questioner: Yes.
The Shaykh : That the wealth he left behind must be divided according to the knowledge of inheritance.
The questioner : No, the father and the mother did not leave any wealth.
The Shaykh : O Shaykh, did they not leave the house you are in?
The questioner: Yes.
The Shaykh : Yes, that is wealth.
The questioner: Yes.
The Shaykh : So answer the question.
The questioner : Yes, they left a house with four rooms.
The Shaykh : I do not care about the details, answer the question, may Allah guide you. Did you perform the legal division between you and your sisters?
The questioner : Okay, I did not understand...
Another questioner : Peace be upon you, O Shaykh.
The Shaykh: And upon you peace.
The questioner : How are you?
The Shaykh : Praise be to Allah, I am well.
The questioner : I am the brother's wife.
The Shaykh : The division of the inheritance his father left?
The questioner : ... .
The Shaykh : O Shaykh, you are repeating the man's words. I am saying he left a house.
The questioner: Yes.
The Shaykh : And this house is wealth.
The questioner : ...
The Shaykh : So it is necessary to perform the division of it.
The questioner: Yes.
The Shaykh : So did he do that?
The questioner : He did not do it.
The Shaykh : Yes, that is what I wanted to reach.
The questioner: All right.
The Shaykh : So it is upon him.
The questioner: Yes.
The Shaykh : To obtain a legal fatwa.
The questioner : But O Shaykh...
The Shaykh : So that each of the siblings, from his wife and his sisters, each of them takes his share. And it is known, His saying - Exalted is He - :
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِThe questioner : But O Shaykh...
The Shaykh : This is another matter, may Allah guide you.
The questioner: Amen.
The Shaykh : This is another matter.
The questioner: Yes.
The Shaykh : He presented to me a question that he wants he and his wife to raise their daughter because his sisters, you were next to him when he asked, or not?
The questioner : I was next to him, O Shaykh.
The Shaykh : Okay, so he mentioned that they enjoy watching television and there become problems and the like, so for the sake of relief he asked if this separation is permissible. So I asked him before his answer to know if he has a right to erect the wall and get two rooms from the house, or if he has no right to that. But you are now asking about something else.
The questioner : Yes, and this is the same question, O Shaykh.
The Shaykh : This is your question, may Allah guide you. As for his question, it is something else.
The questioner : Yes... this question.
The Shaykh : I can, and why would I not, but I do not know who sent you... is it you or your husband?
The questioner : Both, O Shaykh.
The Shaykh : How both? He wants relief from the problem, you say if we get relief from the problem we fall into a problem.
The questioner: Yes.
The Shaykh : He does not say this. So agree with your husband to pose the question that covers the subject from every side, after that I can answer. But your question is one thing and your husband's question is another, so this is truly a problem.
The questioner : ... if we do this thing... those two rooms... meaning, do we sin for that or not...?
The Shaykh : Did they agree?
The questioner : Did they agree to this thing, meaning.
The Shaykh : Did they agree after they knew their share of the house? Say no.
The questioner : ... .
The Shaykh : May Allah guide you, I told you, say no.
The questioner : ... .
The Shaykh : You started to say because this is an explanatory clause in the Arabic language. You are explaining with your saying what are you explaining? And I am telling you, say no or say yes. Did they know their right in the house legally? Say yes or say no.
The questioner: No.
The Shaykh : So it is not permissible until they know their right in the house, and after that, if the sisters reconcile with their brother, the matter is by mutual agreement, everything is easy, and reconciliation is better. But if they do not know their right, meaning if they have legally two-thirds of the house and the brother has one-third of the house.
The questioner: Yes.
The Shaykh : Then they reconcile that the brother takes half, and then we know that they were oppressed, so the problem will occur again. So the truth, the truth.
The questioner: Yes.
The Shaykh : That the solution to the problem.
The questioner: Yes.
The Shaykh : Listen, may Allah guide you, the solution to the problem now is that each of the heirs knows what is their right in the house. After that, if they reconcile, reconciliation is better. And the conversation has been long, so now you know what you should know: what is your husband's right and what is the sisters' right. After that, every incident has its own story, and peace be upon you.
The questioner : May Allah bless you, O Shaykh.
The Shaykh : May Allah bless you.
The Shaykh : This is what is in the best manner.
The questioner : ... .
The Shaykh : Yes.
The questioner : May Allah reward you.
The Shaykh : And may He reward you.
The questioner : ... .
The Shaykh : And may Allah protect you, if Allah wills.
The questioner : ...
The Shaykh : Welcome.
The questioner : The brothers in Makkah send you their greetings.
The Shaykh : How?
The questioner : I was in Makkah, there the brothers send you their greetings.
The Shaykh : And upon them peace. Are you residing there?
The questioner : I resided there for four years.
The Shaykh : May Allah keep you safe, and now.
The questioner : And now, for two months, here in Abu Malik Mosque.
The Shaykh : And you will stay here?
The questioner : I will go, if Allah wills, to the Emirates.
The Shaykh : The Emirates, to which one?
The questioner : Ras Al Khaimah, if Allah wills.
The Shaykh : Ras Al Khaimah, ah. In any case...
The questioner : If Allah wills.
The Shaykh : If Allah wills.
The questioner : ... .
The Shaykh : Okay, may Allah reward you with good.
The questioner: Peace be upon you.
The Shaykh : And upon you be peace, and the mercy of Allah and His blessings.
The questioner : ... .
The Shaykh
The Shaykh is speaking about Al-Albani
الشَّيخ يتكلم بالألبانيThe questioner : May Allah reward you with good and may Allah bless you.
The Shaykh : And may Allah protect you, if Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.