Division of the estate of a deceased man who left a wife, four sons, and two daughters
Machine translationRead the Arabic original
Question:
The presenter: (A. S.) from Riyadh sent a somewhat long question. He says: A man passed away, leaving behind a wife, four children, and two daughters. He left a sum of money in the form of a debt. After his death, the debt was collected. The wife invested that amount and added to it a sum from her earnings at one of the women’s government offices. This investment took the form of six plots of land. She gave one plot to each of them, so there were four connected plots and two separate ones.
My question is: If the four connected plots are sold, is their value divided such that the male share is equal to the share of two females? And if the cost of purchasing all the land came solely from the wife’s salary, with no amount from the inheritance added to it, what is the ruling?
Answer:
It is obligatory for everyone to distinguish between the inheritance and the woman’s money, unless she gave it to them as a gift and made it part of the deceased’s estate, in which case it becomes an accessory to the deceased’s money.
As for if she did not give it to them as a gift, her money is hers, and what came from her salary is hers. As for the deceased’s money, it is distributed among them: the wife gets one-eighth, and the rest goes to the children, four sons and two daughters. It is divided into five shares: one share for the two daughters, to be divided between them, and four shares for the four sons, with the male share being equal to the share of two females.
As for her salary that she mixed in, if she permits it, it is distributed among them in this way: five shares, and her one-eighth is taken out before that. If she does not permit it, her salary is hers; when the lands are sold, the amount of money she added is calculated for her and given to her, and the rest is divided between her and her children. If she permits it regarding the money from her salary, it belongs to her children, and she is with them, and praise be to Allah.
The result is that the inheritance is in the deceased’s money. As for her money, she has the choice. If she gives it to them, it is divided among them justly, like the inheritance, because she has no right to favor some of them over others. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 If they are her children, she should divide it among them according to the division of Allah, like their father’s money.
As for if she does not, and she placed it with them without the intention of giving it as a gift, but either as a loan or on the basis that she is growing the wealth of everyone, then her money is hers, and the heirs have their father’s money, with the male share being equal to the share of two females. Yes.
The presenter: May Allah reward you with good.
The presenter: (A. S.) from Riyadh sent a somewhat long question. He says: A man passed away, leaving behind a wife, four children, and two daughters. He left a sum of money in the form of a debt. After his death, the debt was collected. The wife invested that amount and added to it a sum from her earnings at one of the women’s government offices. This investment took the form of six plots of land. She gave one plot to each of them, so there were four connected plots and two separate ones.
My question is: If the four connected plots are sold, is their value divided such that the male share is equal to the share of two females? And if the cost of purchasing all the land came solely from the wife’s salary, with no amount from the inheritance added to it, what is the ruling?
Answer:
It is obligatory for everyone to distinguish between the inheritance and the woman’s money, unless she gave it to them as a gift and made it part of the deceased’s estate, in which case it becomes an accessory to the deceased’s money.
As for if she did not give it to them as a gift, her money is hers, and what came from her salary is hers. As for the deceased’s money, it is distributed among them: the wife gets one-eighth, and the rest goes to the children, four sons and two daughters. It is divided into five shares: one share for the two daughters, to be divided between them, and four shares for the four sons, with the male share being equal to the share of two females.
As for her salary that she mixed in, if she permits it, it is distributed among them in this way: five shares, and her one-eighth is taken out before that. If she does not permit it, her salary is hers; when the lands are sold, the amount of money she added is calculated for her and given to her, and the rest is divided between her and her children. If she permits it regarding the money from her salary, it belongs to her children, and she is with them, and praise be to Allah.
The result is that the inheritance is in the deceased’s money. As for her money, she has the choice. If she gives it to them, it is divided among them justly, like the inheritance, because she has no right to favor some of them over others. The Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله، واعدلوا بين أولادكمAs for if she does not, and she placed it with them without the intention of giving it as a gift, but either as a loan or on the basis that she is growing the wealth of everyone, then her money is hers, and the heirs have their father’s money, with the male share being equal to the share of two females. 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.