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  4. inheritance advise pls

inheritance advise pls

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  • U Offline
    U Offline
    unknownuser
    wrote on last edited by
    #1

    A man died without leaving behind any will. wht he left is home e.g. value 100 points.

    Wife, 2 sons and 1 step daughter (all are above 20yrs.age)

    can anyone please advise how to divide share as per Quran ?

    thank u

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    • N Offline
      N Offline
      NoProgressive
      wrote on last edited by
      #2

      As Salaam Alaikum,

      From my knowledge, in a case like this there is no set numbers for inhertiance. Also the stepdaughter has no legal right to the inheritance. I'm not saying that she can't get anyhting for the estate... but in the matter of law she couldn't say "this is my right".

      I know a bit about this, but instead I'll choose to refrain. Please ask Ahmed, I know he knows much more about this.

      salaam

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      • U Offline
        U Offline
        unknownuser
        wrote on last edited by
        #3

        Peace

        I believe the sons should get everything, ie 5050 between them

        the wife can not take anything because there is more than one child, unless the husband allocated a percenatge to her in a will but because there is no will, she gets nothing

        also as NP said, the step daughter can not inherit anything

        her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares, and this is going to be a big test for them as the Quran stressed caring for the parents and highlighted more than once the hardship the mother goes through

        The sons have a gold opportunity to make a very profitable trade with Allah under this specific circumstances

        Allah knows best

        peace

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        • N Offline
          N Offline
          NoProgressive
          wrote on last edited by
          #4

          As SAlaam Alaikum Ahmed,

          With all due respect, are you sure that the it should be split that way though?

          What makes you believe that?

          I mean there are no prescribed numbers or anything, this can be easily left up to the family like any other case......

          ALSO

          Whoever inherits can onyl collect AFTER debts and stuff like that is paid off. Also keep in my mind that the wife is suppose to have a one year's worth of accomodation out of her husband's estate (we'll he was suppose to bequest this for her in the first place).

          salaam

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          • U Offline
            U Offline
            unknownuser
            wrote on last edited by
            #5

            As SAlaam Alaikum Ahmed,

            With all due respect, are you sure that the it should be split that way though?

            What makes you believe that?

            I mean there are no prescribed numbers or anything, this can be easily left up to the family like any other case......

            ALSO

            Whoever inherits can onyl collect AFTER debts and stuff like that is paid off. Also keep in my mind that the wife is suppose to have a one year's worth of accomodation out of her husband's estate (we'll he was suppose to bequest this for her in the first place).

            salaam

            I'm not sure sister, i will check the verses and I will get back to you

            peace be with you

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            • U Offline
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              unknownuser
              wrote on last edited by
              #6

              Peace sister

              I looked at 411-12 and it seems the wife only get the following

              1. 1/4 if no chIldren at all
              2. 1/8 if there is one son only

              I based the above on the understanding thar "Waladun" means a single son because Allah referenced a single daughter as well if the children are 2 or more daughters 4-11, bt I'm open to try with you the possiblity that "Waladun" may only mean a girl,

              some suggested to me that "Waladun" is "plural" but this is not true at all because the plural is "Awlad" and means "children (boy and girls together)" was mentioned at the start of 4-11 as "Awlad"

              Allah knows best

              Peace be with you

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              • U Offline
                U Offline
                unknownuser
                wrote on last edited by
                #7

                her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares

                if shes not a STEP sister, does she hv a share ?

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                • U Offline
                  U Offline
                  unknownuser
                  wrote on last edited by
                  #8

                  her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares

                  if shes not a STEP sister, does she hv a share ?

                  yeh man

                  2 + 2 + 1 = 5

                  100/5 = 20

                  each son takes 40

                  she takes 20

                  mother takes nothing "unless it was written by the deceased in a will"

                  Allah knows best

                  peace

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                  • N Offline
                    N Offline
                    NoProgressive
                    wrote on last edited by
                    #9

                    As Salaam Alaikum Marlboro,

                    her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares

                    if shes not a STEP sister, does she hv a share ?

                    Uhh...I think htat Ahmed misudnerstood you.

                    If she is a STEP daughter, she has no right to the man's will........ even if she is not the step sister of the sons (i.e. they are half brother and sisters, by bloood).

                    salaam

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                    • U Offline
                      U Offline
                      unknownuser
                      wrote on last edited by
                      #10

                      NP read again u getting confused

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                      • N Offline
                        N Offline
                        NoProgressive
                        wrote on last edited by
                        #11

                        As Salaam Alaikum Marlboro,

                        Yea, I guess I'm confused, cause now i odn't know what you mean.lol.

                        Here let me just give you the examples just in case--

                        If she is the step daughter, she has no right to his will (even if she is the half sister of the man's sons).

                        "step"children or siblings have no right to their "step" relatives.

                        Now can the sons give her some money? Yes, of course.

                        D

                        salaam

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                        • L Offline
                          L Offline
                          loli
                          wrote on last edited by
                          #12

                          Peace

                          I believe the sons should get everything, ie 5050 between them

                          the wife can not take anything because there is more than one child, unless the husband allocated a percenatge to her in a will but because there is no will, she gets nothing

                          also as NP said, the step daughter can not inherit anything

                          her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares, and this is going to be a big test for them as the Quran stressed caring for the parents and highlighted more than once the hardship the mother goes through

                          The sons have a gold opportunity to make a very profitable trade with Allah under this specific circumstances

                          Allah knows best

                          peace

                          Salamun Alaikum Ahmed,
                          Regarding Marlboro's question can you add two parents of the man who died. I just need to understand the math behind the your understanding of 411 and 412.

                          Thank you.

                          Regards

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                          • U Offline
                            U Offline
                            unknownuser
                            wrote on last edited by
                            #13

                            Peace

                            I believe the sons should get everything, ie 5050 between them

                            the wife can not take anything because there is more than one child, unless the husband allocated a percenatge to her in a will but because there is no will, she gets nothing

                            also as NP said, the step daughter can not inherit anything

                            her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares, and this is going to be a big test for them as the Quran stressed caring for the parents and highlighted more than once the hardship the mother goes through

                            The sons have a gold opportunity to make a very profitable trade with Allah under this specific circumstances

                            Allah knows best

                            peace

                            Salamun Alaikum Ahmed,
                            Regarding Marlboro's question can you add two parents of the man who died. I just need to understand the math behind the your understanding of 411 and 412.

                            Thank you.

                            Regards

                            Thank you brother Loli for you question, I have taken a note and will get back to you later today, I'm just about heading to work

                            peace be with you

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                            • U Offline
                              U Offline
                              unknownuser
                              wrote on last edited by
                              #14

                              Peace

                              I believe the sons should get everything, ie 5050 between them

                              the wife can not take anything because there is more than one child, unless the husband allocated a percenatge to her in a will but because there is no will, she gets nothing

                              also as NP said, the step daughter can not inherit anything

                              her sons can give her whatever between them though or even give their step sister anything they wish after they take their shares, and this is going to be a big test for them as the Quran stressed caring for the parents and highlighted more than once the hardship the mother goes through

                              The sons have a gold opportunity to make a very profitable trade with Allah under this specific circumstances

                              Allah knows best

                              peace

                              Salamun Alaikum Ahmed,
                              Regarding Marlboro's question can you add two parents of the man who died. I just need to understand the math behind the your understanding of 411 and 412.

                              Thank you.

                              Regards

                              Peace Loli

                              I?m not sure what you mean by including the parents?, I guess your question is when the parents should inherit, 411 talks about the following possibilities

                              1. The deceased has children ( boys and girls ), the boy will take twice as much as the girl , the parents will get nothing because they were not mentioned in this bit

                              2. The deceased has one girl only and no boys, the girl will take ? an each parent should take 1/6 because both were mentioned in this bit

                              3. The deceased has more than one girl and no boys, the girls will take 2/3 and the parents will get nothing because they were not mentioned in this bit, please note that this bit actually says if they are more than two girls, but it will also apply on the two girls measuring it from 4176

                              4. The deceased has no children and no brothers or sisters, then the mother takes 1/3 and the father takes nothing because the father was not mentioned in this bit

                              5. The deceased has no children but has brothers and sisters, then the mother takes 1/6, while the brothers and sisters were not mentioned here, they were mentioned in 4176 that the brother should take twice as much as the sister and the father takes nothing because the father was not mentioned in this bit

                              6. 412 does not mention the patents at all

                              Allah knows best

                              peace be with you

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