It is not permissible to allocate a specific portion to one of the heirs
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Question: I am a woman, and my mother has excluded me from the inheritance. Is that permissible? Please note that the inheritance belongs solely to my sister. Please advise us; may Allah reward you.
Answer: When a person dies, inheritance is obligatory for all of his descendants, both male and female. It is obligatory for the mother and others to be just, so they do not allocate a specific portion to one heir to the exclusion of the others, nor do they deprive anyone of the right that Allah has prescribed.
If the heirs are a son and a daughter, after deducting the wife's share of one-eighth, the money is divided into three parts, with the male receiving the share of two females. If there are two sons and a daughter, it is divided into five parts: four for the sons, with each receiving two shares, and one for the daughter. If there are three sons and a daughter, the money is divided into seven shares: six for the sons and one for the daughter. As for the wife, she receives one-eighth in all cases. If there is a mother, she receives one-sixth, or if there is a father, he receives one-sixth in the presence of children. The point is that it is necessary to give the daughter her right, as the male receives the share of two females. Allah the Exalted says: [Surat al-Nisa: 11].
It is not permissible for brothers to take the rights of their sisters, nor for a mother to wrong a daughter by giving the son her share. Rather, it is obligatory to be just and to give every person who has a right their right. This is based on the saying of Allah, the Exalted and Sublime:[An-Nisa 4:11], and likewise for brothers, as Allah the Exalted said: [Surat al-Nisa: 176].
Answer: When a person dies, inheritance is obligatory for all of his descendants, both male and female. It is obligatory for the mother and others to be just, so they do not allocate a specific portion to one heir to the exclusion of the others, nor do they deprive anyone of the right that Allah has prescribed.
If the heirs are a son and a daughter, after deducting the wife's share of one-eighth, the money is divided into three parts, with the male receiving the share of two females. If there are two sons and a daughter, it is divided into five parts: four for the sons, with each receiving two shares, and one for the daughter. If there are three sons and a daughter, the money is divided into seven shares: six for the sons and one for the daughter. As for the wife, she receives one-eighth in all cases. If there is a mother, she receives one-sixth, or if there is a father, he receives one-sixth in the presence of children. The point is that it is necessary to give the daughter her right, as the male receives the share of two females. Allah the Exalted says:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِIt is not permissible for brothers to take the rights of their sisters, nor for a mother to wrong a daughter by giving the son her share. Rather, it is obligatory to be just and to give every person who has a right their right. This is based on the saying of Allah, the Exalted and Sublime:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِIf there are both brothers and sisters, the male will have the share of two females.
وَإِن كَانُواْ إِخْوَةً رِّجَالًا وَنِسَاء فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
