Division of the estate of one who left a wife, brothers, and sisters, and a bequest of one-third
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Question:
A letter reached the program from the listener: Ali Hamad Yahya al-Rimi, from Jeddah, who says: A man died, and he had a wife with no children, and he had a brother from the father, and he had sisters from the father only. So what is their share, given that he bequeathed one-third for the construction of a mosque? Is it permissible for the heirs to reclaim the land and pay only the value to the person who has the one-third bequest, or not?
Because the heirs may request the right of pre-emption, as stated in this letter.
May Allah reward you with good.
Answer:
This man’s bequest is to be executed, which is one-third for the construction of a mosque as he bequeathed, and the two-thirds are divided between the wife and the brothers. The wife gets one-quarter, if the deceased has no descendants, neither male nor female, and the rest goes to his brother and sisters from his father, for the male is the share of two females, as Allah (Glorified and Exalted is He) said: : [al-Nisa:12]. And He the Exalted said at the end of Surat al-Nisa: [al-Nisa:176].
As for the one-third, it is obligatory to execute it and spend it on the construction of a mosque, as the testator bequeathed. If the estate is land, it is sold, and one-third of the price is taken for the bequest. If the heirs need it, they buy it at its value. It is sold at a public auction, or through the experts. If it is valued by the experts, one-third of its price is extracted. Then either it is called out among the experts, or it is valued by the experts, so that one-third of the price is taken for the bequest. Yes.
The presenter: May Allah reward you with good.
A letter reached the program from the listener: Ali Hamad Yahya al-Rimi, from Jeddah, who says: A man died, and he had a wife with no children, and he had a brother from the father, and he had sisters from the father only. So what is their share, given that he bequeathed one-third for the construction of a mosque? Is it permissible for the heirs to reclaim the land and pay only the value to the person who has the one-third bequest, or not?
Because the heirs may request the right of pre-emption, as stated in this letter.
May Allah reward you with good.
Answer:
This man’s bequest is to be executed, which is one-third for the construction of a mosque as he bequeathed, and the two-thirds are divided between the wife and the brothers. The wife gets one-quarter, if the deceased has no descendants, neither male nor female, and the rest goes to his brother and sisters from his father, for the male is the share of two females, as Allah (Glorified and Exalted is He) said: :
And for the wives is one fourth if you leave no child
وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌIf there are both brothers and sisters, the male will have the share of two females.
وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAs for the one-third, it is obligatory to execute it and spend it on the construction of a mosque, as the testator bequeathed. If the estate is land, it is sold, and one-third of the price is taken for the bequest. If the heirs need it, they buy it at its value. It is sold at a public auction, or through the experts. If it is valued by the experts, one-third of its price is extracted. Then either it is called out among the experts, or it is valued by the experts, so that one-third of the price is taken for the bequest. 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.