Ads by Muslim Ad Network

Announcement

Collapse
No announcement yet.

Can the children of a dead sibling inherit from sale of house when it is sold later?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can the children of a dead sibling inherit from sale of house when it is sold later?

    Salam,

    I have a hypothetical situation. I have searched the internet for an answer but nobody has asked / answered my exact question, which is:

    There are 3 siblings, parents deceased. 1 sibling lives in the parents' house. Later, one of the other siblings dies (not the one living in the parents' house).

    So, if the house is sold, do the children of the deceased sibling get a share according to Islamic law? Please could you give me a quote from Quran / Sunnah to guide me to a conclusion.

    I know it would be nice to give the neices (children of the deceased sibling) the deceased sibling's share. What I am only asking, though, is: is it compulsory to give them the deceased sibling's share?

    As I had imagined it: The siblings all get a share in the house when it is sold. If one of the siblings dies, then the other siblings remain as the *only* inheritors, because a dead person cannot be paid anything and therefore cannot pass anything to their own kids. Just to be clear: the inheritance was *never* in the hands of the now-deceased sibling. It is a house, and the house has not been sold yet.

    So, now that the sibling is deceased, do the sibling's children inherit the deceased sibling's share of the house, when the house is later sold?

  • #2
    Re: Can the children of a dead sibling inherit from sale of house when it is sold lat

    Originally posted by quickquestion View Post
    Salam,

    I have a hypothetical situation. I have searched the internet for an answer but nobody has asked / answered my exact question, which is:

    There are 3 siblings, parents deceased. 1 sibling lives in the parents' house. Later, one of the other siblings dies (not the one living in the parents' house).

    So, if the house is sold, do the children of the deceased sibling get a share according to Islamic law? Please could you give me a quote from Quran / Sunnah to guide me to a conclusion.

    I know it would be nice to give the neices (children of the deceased sibling) the deceased sibling's share. What I am only asking, though, is: is it compulsory to give them the deceased sibling's share?

    As I had imagined it: The siblings all get a share in the house when it is sold. If one of the siblings dies, then the other siblings remain as the *only* inheritors, because a dead person cannot be paid anything and therefore cannot pass anything to their own kids. Just to be clear: the inheritance was *never* in the hands of the now-deceased sibling. It is a house, and the house has not been sold yet.

    So, now that the sibling is deceased, do the sibling's children inherit the deceased sibling's share of the house, when the house is later sold?
    :salams

    Just to leave it clear, I am not an expert on the matter, but I will answer according to my understanding. And anyone can feel free to correct me please.

    First of all, when the older parent passes away, then his children, and if I am not mistaken, the grandchildren too inherit according to the sharia. So logically each child has a percentage of that house to his/her right; regardless of it being sold or not.

    So now, lets put it like this. Dad (Older) passes away giving the 100% of shares of the house to his children (assuming there were no grandchildren at the time he passed away). Child(1) gets 33%, Child(2) gets 33%, Child(3) gets 33% (assuming there are 3 children and they are all men, just to facilitate the example). This will happen also if the spouse of Dad(Older) is no longer alive too. If she is, then it is a different story.

    So after a while, Child(1) passes away, regardless of him living in the house or not, he still has his right of his 33%. He has a family; a wife and kids. His 33% should be inherited by them. Not by Child(2) and Child(3), if Child(1) has a son. Please, this is a very, very, very serious matter. Contact a sheikh in your are or someone with more knowledge about the specificity of this matter so they can explain about the details. Child(1)'s kids are now yatama (orphans), and to take their inheritance in an unlawful way is very, very, very badly punished.


    وَآتُوا الْيَتَامَىٰ أَمْوَالَهُمْ ۖ وَلَا تَتَبَدَّلُوا الْخَبِيثَ بِالطَّيِّبِ ۖ وَلَا تَأْكُلُوا أَمْوَالَهُمْ إِلَىٰ أَمْوَالِكُمْ ۚ إِنَّهُ كَانَ حُوبًا كَبِيرًا

    "And give to the orphans their properties and do not substitute the defective [of your own] for the good [of theirs]. And do not consume their properties into your own. Indeed, that is ever a great sin." [4:2]


    وَلَا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ حَتَّىٰ يَبْلُغَ أَشُدَّهُ ۖ وَأَوْفُوا الْكَيْلَ وَالْمِيزَانَ بِالْقِسْطِ ۖ لَا نُكَلِّفُ نَفْسًا إِلَّا وُسْعَهَا ۖ وَإِذَا قُلْتُمْ فَاعْدِلُوا وَلَوْ كَانَ ذَا قُرْبَىٰ ۖ وَبِعَهْدِ اللَّهِ أَوْفُوا ۚ ذَٰلِكُمْ وَصَّاكُمْ بِهِ لَعَلَّكُمْ تَذَكَّرُونَ

    "And do not approach the orphan's property except in a way that is best until he reaches maturity. And give full measure and weight in justice. We do not charge any soul except [with that within] its capacity. And when you testify, be just, even if [it concerns] a near relative. And the covenant of Allah fulfill. This has He instructed you that you may remember." [6:152]


    إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا ۖ وَسَيَصْلَوْنَ سَعِيرًا

    "Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze." [4:10]


    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 (A half brother (from his father)) Number 1 (A nephew from a half brother (from his father)) Number 1 (A full paternal uncle) Number 1 -Does the deceased have female relatives who are entitled to inherit : (A daughter) Number 1 (A half sister (from the father)) Number 1 - The Information about the missing relatives of the deceased are : A brother. He has cut himself from the family for over 10 years. When we try to contact him, he disowns us as family. - The will which the deceased left behind and that is related to his inheritance is : The will excludes the missing brother
    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.

    If the deceased did not leave any other heirs except those mentioned in the question, then the inheritance should be divided amongst the son and the daughter only, with the son getting twice the share of the daughter 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 3 shares, with the son getting 2 shares and the daughter getting 1 share.

    The other relatives of the deceased, such as the brothers and their children, the sister, the uncle, do not get anything from the inheritance because they are excluded by the existence of the son.
    (Link).

    Here is another link explaining further about the inheritance laws.

    I hope this was of help. Again, I wish I was more knowing about the subject so I could be of more help. Please do not take this matter lightly. Be just.

    May Allah guide us.

    Peace.

    Comment


    • #3
      Re: Can the children of a dead sibling inherit from sale of house when it is sold lat

      Originally posted by quickquestion View Post
      Salam,

      I have a hypothetical situation. I have searched the internet for an answer but nobody has asked / answered my exact question, which is:

      There are 3 siblings, parents deceased. 1 sibling lives in the parents' house. Later, one of the other siblings dies (not the one living in the parents' house).

      So, if the house is sold, do the children of the deceased sibling get a share according to Islamic law? Please could you give me a quote from Quran / Sunnah to guide me to a conclusion.

      I know it would be nice to give the neices (children of the deceased sibling) the deceased sibling's share. What I am only asking, though, is: is it compulsory to give them the deceased sibling's share?

      As I had imagined it: The siblings all get a share in the house when it is sold. If one of the siblings dies, then the other siblings remain as the *only* inheritors, because a dead person cannot be paid anything and therefore cannot pass anything to their own kids. Just to be clear: the inheritance was *never* in the hands of the now-deceased sibling. It is a house, and the house has not been sold yet.

      So, now that the sibling is deceased, do the sibling's children inherit the deceased sibling's share of the house, when the house is later sold?
      After the parents' death, the house belongs to their children whether it has been legally transfered or not. And each child gets a share according to islamic division of inheritance. If one of the children die, his/her share passes on to his / her children and spouse. If he/she doesn't have children then his / her spouse and siblings inherit him/her.

      Comment


      • #4
        Re: Can the children of a dead sibling inherit from sale of house when it is sold lat

        ielfakih - thanks for your reply. I see that is the consensus among people. I've not seen any Quran or Sunnah to back it up though. You quoted extensively about orphans, but the issue here is: are the children of the deceased sibling inheritors at all?

        It would be nice to see a definitive statement from Quran and / or Sunnah on this. However, I guess it could be said that whether property is liquidated or not, it's inheritance, and the Quran already tells us that all siblings inherit. What I am asking about is: is there an exception to that rule, e.g. if the property was never liquidated, therefore no money was ever given to the deceased sibling, therefore the deceased sibling has no money from the house to pass on to the sibling's own children. However, in response we could say that there maybe many conceivable objections, but justify any of them, would require for an exception to be found in Quran and Sunnah, and going back to the original point about there being no specific comment in Quran and Sunnah about it, I am guessing now that the general rule applies even here, because no exceptions have been found by anybody. So, the deceased sibling has inherited a share of the house, whether the house was liquidated or not, and the deceased's children therefore inherit too.

        I was initially surprised about the warning of taking from orphans, but I think I see the wisdom in your including that: if there is any remaining uncertainty that nobody can clear up, err on the side of caution rather than risk - even unknowingly - taking from an orphan.

        Comment


        • #5
          Re: Can the children of a dead sibling inherit from sale of house when it is sold lat

          umm salabil - thank you. As I said to iefakih, I see that is the consensus among people. I've not seen any Quran and Sunnah quote to back it up, but I think what I am talking about is making an exception to the general rule, and since there is no Quran and Sunnah comment on the specific exception, then the general rule logically applies. And to underline that, there is the risk of taking from orphans, a grave crime which is a repeated theme in the Quran. I think it would be a crime even if the situation is doubtful as the right thing to do would be to excercise caution, and anyway, it could be said that the doubt is only in the mind, there's no firm basis for my making any exception to the general rule here so l think the case is closed, thanks for your help!
          Last edited by quickquestion; 21-04-15, 03:04 PM.

          Comment


          • #6
            Re: Can the children of a dead sibling inherit from sale of house when it is sold lat

            Wassalam

            Let me add also on to this; the children of the deceased sibling will inherit. To distribute the shares rightfully you will need the help of an aalim who will familiarize himself with what the decease owns, among the parents who died first etc etc.

            Also it needs to be ascertained whether the grandparents are alive or not, the gender of the siblings and a some other information will be required to distribute the shares in the proper way.

            For that reason you will have see an aalim who will put everything in perspective and he will do it the Islamic way.

            I hope this helps.
            “Mix with the noble people, you become one of them; and keep away from evil people so that you protect yourself from their evils.”


            Hadhrat Ali (Radiallahu anhu)

            Comment


            • #7
              Re: Can the children of a dead sibling inherit from sale of house when it is sold lat

              Sky Lark - thanks.

              Comment

              Working...
              X