Ruling on a person leaving his share of the estate to his siblings
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Question:
He says: I have a piece of land that is an inheritance from my deceased father, and this inheritance has not been distributed yet. I have left it for my brothers to farm, and they harvest whatever comes from it. Allah has made easy for me a livelihood other than this. Am I, by doing this, falling short in the rights of my children, given their entitlement to this land?
May Allah reward you with good.
Answer:
There is no blame on you, and you are not falling short; rather, you are doing well. Your children have Allah, and you are alive and currently providing for them. They have no right to that right, which belongs to you. If you allow this to your brothers out of consideration for their need, or to maintain family ties, you will be rewarded, and nothing is required of you. Your children have no right to this. Yes.
The presenter: May Allah reward you with good, and may He do you good.
He says: If I want to build a house on my share and take it from my brothers, am I encroaching on them?
The Shaykh: If you and they reconcile, if you and your brothers reconcile regarding the land for the house, there is no blame. Otherwise, you have no right to anything but your share of the inheritance. You divide it through people of expertise, so that each one is given his right. However, if you agree and they give you some of the land, and you are lenient with one another so that you can build a house on it, and they are well-off, then there is no blame on you in that. Yes.
The presenter: May Allah reward you with good.
He says: I have a piece of land that is an inheritance from my deceased father, and this inheritance has not been distributed yet. I have left it for my brothers to farm, and they harvest whatever comes from it. Allah has made easy for me a livelihood other than this. Am I, by doing this, falling short in the rights of my children, given their entitlement to this land?
May Allah reward you with good.
Answer:
There is no blame on you, and you are not falling short; rather, you are doing well. Your children have Allah, and you are alive and currently providing for them. They have no right to that right, which belongs to you. If you allow this to your brothers out of consideration for their need, or to maintain family ties, you will be rewarded, and nothing is required of you. Your children have no right to this. Yes.
The presenter: May Allah reward you with good, and may He do you good.
He says: If I want to build a house on my share and take it from my brothers, am I encroaching on them?
The Shaykh: If you and they reconcile, if you and your brothers reconcile regarding the land for the house, there is no blame. Otherwise, you have no right to anything but your share of the inheritance. You divide it through people of expertise, so that each one is given his right. However, if you agree and they give you some of the land, and you are lenient with one another so that you can build a house on it, and they are well-off, then there is no blame on you in that. Yes.
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.