Inheritance of one son and four daughters

4-4-2011 | IslamWeb

Question:

Assalaamu ‘Alaykum; Please calculate the inheritance according to the following information ۞-Does the deceased have male relatives who are entitled to inherit: (A son) Number 1 ۞-Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A granddaughter (from the son)) Number 1 ۞- The will which the deceased left behind and that is related to his inheritance is : he wanted to give all his property to his only son who looked after him.he lived with his son.his three daughters married & one unmarried daughter did not cared for him,infact the unmarried daughter kicked him from his own house and the two married sister supported her.one married daughter is in favor of his will now. ۞- Additional information : he said that the unmarried daughter[55 yrs] can stay in his house as long as she lived or get married .after that the house would belong to his only son

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

First of all, it should be mentioned that there is no doubt that a daughter driving her father out of the house and her two sisters being pleased that she drove him out, all this is a great major sin and it is cutting the ties of kinship; this requires repentance as the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: ''Shall I not inform you of the biggest of the great sins (and he repeated this thrice)?" It is to join partners in worship with Allaah, to be undutiful to one’s parents and to give false testimony." [Al-Bukhari and Muslim]

Therefore, these daughters should repent to Allaah by regretting what they did, and they could be kind and dutiful to their father after his death by supplicating for him and asking Allaah to forgive him, and by fulfilling his promises and keeping ties with his relatives.

As regards the inheritance, then the daughters inherit their father even if they were undutiful toward him, because they inherit him because of the blood relationship (i.e. being his daughters) and not because of being dutiful and kind to him.

Besides, the father’s willing his property to his son is a will to an heir and it is Islamically forbidden, so it should not be fulfilled unless all the heirs agree to it as we explained in Fataawa 116588 and 119243. Therefore, if all the daughters did not agree to that will, then they have their right in the inheritance and the son has no right to take it all.

On the other hand, you mentioned in the list of female heirs that the deceased had one daughter and then you mentioned in the additional information box that he had four daughters, and this is a contradiction.

Therefore, we are going to base our answer on the assumption that they are four daughters. So, if the deceased did not leave any other heir except his son and his four daughters, then the entire inheritance is for his son and his four daughters – the married and the unmarried ones – by Ta’seeb (by virtue of having a paternal relation with the deceased and not having an allotted share, so they get what is left after the allotted shares have been distributed); the male twice the share of the female as Allaah Says (what means): {Allaah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females.}[Quran 4:11]

Therefore, the inheritance should be divided into 6 shares, the son gets 2 shares and each daughter gets 1 share.

However, the granddaughter does not get anything from the inheritance because she is prevented from inheritance by the existence of the son and by the existence of the daughters as well.

Allaah Knows best.

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