distribution of property Fatwa Cover

In the absence of the uncle, the grandfather is part of the orphaned grandson 2731151741

Monthly Al Kawthardistribution of property


Question

The property of the grandfather of one of my acquaintances will be distributed. Her father died before her grandfather. The question is, will he also get a share of the property left by his grandfather along with his uncles? An advocate said there would be partners. What is the law of the matter? 5671883262


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

The self-evident provision of the Shari'ah is that if a son survives at the time of death, the grandchildren do not inherit from the grandfather. In this case, being closer to the deceased, the son is entitled to inheritance. The principle of distribution of inheritance in the Shari'a is that distant relatives do not receive inheritance while the deceased has a close relative. In the Qur'an, men have a share in the wealth left by their parents and close relatives, and women have a share in the wealth left by their parents and close relatives. Whether he (abandoned) wealth is less or more. This part is determined (by Allah). (Surat an-Nisa ': 6) Narrated Abdullah bin Abbas: The Prophet (peace and blessings of Allaah be upon him) said: In the case of the distribution of inheritance, first give the share of those whose share is fixed. Then give the remaining wealth to the man closest to the deceased. (Sahih Bukhari, Hadith: 635) The clear indication of the above verses and hadith is that the inheritance will be distributed among the closest relatives. While there is a close relative, the distant relative will not get the property of the deceased. Besides, the famous Companion Hazrat Zayd Ibn Chabit. About which the Prophet (peace and blessings of Allaah be upon him) said: Zayd is the most knowledgeable of the ummah about inheritance. (Musnad Ahmad 3/174) He said that grandchildren will not get grandfather's inheritance if they have grandchildren. (Sahih Bukhari 2/998) Therefore, even in the case in question, the grandson will not get the inheritance of the grandfather. (Sharhu Mukhtasarit Ta Habi 4/92; Almuhitul Burhani 23/306) It is revealed that if a person dies leaving any of his children in his lifetime and they remain indigent, then the grandfather should bequeath some part of the property to them. Of course, if someone neglects his duty and does not make a will, then they will not be entitled to the property. 8677864323

- والله اعلم باالصواب -

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Source

  • তাকমিলা ফাতহুল মুলহিম, Part: 6, Page: 14
  • হামারে আয়েলী মাসাইল, Page: 25