Justice Among Children in a Bequest
Machine translationRead the Arabic original
The first message in this episode was sent to the program from the Arab Republic of Egypt, and its sender is one of the listeners there, namely: Muhammad Uthman. The brother Muhammad has more than one question. In his first question, he says: My grandfather (may Allah have mercy on him) divided his estate before his death among my father, my uncle, and my aunt, which consisted of agricultural lands, and he did not give my aunt her legal right in those lands. What is the ruling in Islam regarding this? And what must I do now, and what is the ruling regarding the previous period, which is more than ten years?
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows, there is no doubt that it is obligatory for your grandfather to be just among the heirs and in the division, and that his children should be according to the division of Allah: [Surat al-Nisa: 11], in gifts and in inheritance. And it is established from the Messenger of Allah (peace and blessings be upon him) that he said to Bashir ibn Sa'd al-Ansari when his son al-Nu'man gifted a slave to him, he (peace and blessings be upon him) said to him: , he said: No, he said: Sahih al-Bukhari 2587, so that indicates that it is obligatory for the father to be just in his giving to his children, so that your father and your uncle have four shares, and your aunt has two shares, thus it is obligatory [An-Nisa 4:11], if your aunt was generous to her two brothers and was guided, and she gave them her right, then there is no blame on her, otherwise she has the right to claim her right in the court, and Allah (Exalted and Majestic is He) we ask Him to guide everyone.
The presenter: O Allah, amen, may Allah reward you with good, what is the ruling regarding the previous period if you would be kind?
The Shaykh: This is for the court, if the aunt did not give permission, then the court looks into the matter regarding her right, and what was lost to her in this period.
The presenter: Meaning if there were agricultural crops, or the like?
The Shaykh: All of it, the court looks into it.
The presenter: May Allah reward you with good.
Answer: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, and may Allah send prayers and blessings upon the Messenger of Allah, and upon his family and his Companions, and upon those who follow his guidance.
As for what follows, there is no doubt that it is obligatory for your grandfather to be just among the heirs and in the division, and that his children should be according to the division of Allah:
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِDid you give any of your children like this?
أكل ولدٍ أعطيته مثل هذا؟Be afraid of Allah, and be just to your children.
اتقوا الله، واعدلوا بين أولادكمfor the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِThe presenter: O Allah, amen, may Allah reward you with good, what is the ruling regarding the previous period if you would be kind?
The Shaykh: This is for the court, if the aunt did not give permission, then the court looks into the matter regarding her right, and what was lost to her in this period.
The presenter: Meaning if there were agricultural crops, or the like?
The Shaykh: All of it, the court looks into it.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.