inheritance halal haraam??

[lilmuslimah]

Assalam walakum

I hope members of the forum can help my mum is a convert to islam hamdulliah although her father and family remained a non muslim till his death, when he died my mother didnt recieve anything money from his accounts etc. my mum at this point had moved out the family home, my mums brother continued to live in the family home for a further 10 years. it came to a point where he couldnt keep up with the payments on the house and he sold it he divided the proceeds between my mum and himself and there other brother.
My mums had this money for years in her account is it halal???????

furthermore my father is now using the money in her account and spending it on his family ie giving her money to his brothers and and sisters as like maintenance money.

what should i advise my mum.??

please help

 

[Ayyub]

:salam2:


This could help you what a brother wrote in another forum:

There is a need to make a distinction between a wasiyyah and irth. So:

wasiyyah: what someone bequeaths in writing to a non-inheritor, up to one-third of one's wealth

irth: inheritance

The irth (inheritance) is Allaah's set distribution of a person's estate after he dies and his debts are paid and his wasiyyah's are distributed. It is what is mentioned in the hadeeth (LAA YARITHU AL-MUSLIM AL-KAAFIR, WA LAA AL-KAAFIR AL-MUSLIM) "The Muslim does not take the IRTH of the kaafir, and the kaafir does not take the irth of the Muslim."

The wasiyyah is something seperate, to be distributed before the irth, along with payments of debts. Refer to 4:11 of the Qur'aan for the mention of the differnce between these two things.

I do not know any evidence to prohibit a Muslim from taking the wasiyyah of a kaafir relative. I hope to have this question posed soon to one of the shuyookh and it will be put up soon in shaa' Allaah.

There are a lot of details to the issue, so people should withhold from speaking until they hear something from the people of knowledge on the issue.

You may have read the hadeeth about the irth and then you prevent someone from taking a wasiyyah that was halaal for him because you spoke based on one hadeeth, so please be careful.

I even heard a miskeen brother say, after hearing that there is a difference between the rulings of irth and wasiyyah, "Naw man - you just trying to make inheriting from a kaafir halaal!" A'oothu billaah! If a Allaah made a distinction between the two in HIS BOOK, then we affirm the distinction, and do not apply narrations regarding the irth to the wasiyyah, with NO PROOF to do so.

And Allaah knows best. Be patient and look for something soon.

And if one of the students has already dealt with this issue, then may Allaah reward him for posting it here so the brothers and sisters can benefit!

Clarifying the distinction between the wasiyyah and the irth

From the Book of Allaah:

ãä ÈÚÏ æÕíÉ íæÕì ÈåÇ Ãæ Ïíä
“After (the distribution of) a wasiyyah that was intended, or a debt” [1]


In this verse, Allaah lays down the legislation for how irth is to be distributed. Then, He legislates that the irth is to be distributed after any wasiyyahs or debts. In the next aayah as well, Allaah repeats this distinction three more times.

From the Sunnah of the Prophet (sallallaahu ‘alayhe wa sallam):

Åä Çááå ÞÏ ÃÚØì áßá Ðí ÍÞ ÍÞå ÝáÇ æÕíÉ áæÇÑË ÇáæáÏ ááÝÑÇÔ æááÚÇåÑ ÇáÍÌÑ...
“Verily Allaah has given every person his true rights, so there can be no wasiyyah for a waarith (one who receives irth), and the child is for the (owner of the) bed, and the fornicator gets the stone (ie. nothing)…” [2]


Here the Messenger (sallallaahu ‘alayhe wa sallam) forbids the one who receives irth from also receiving a wasiyyah. So obviously they are two separate things with different rulings.


What exactly is a wasiyyah then?

Muhammad ibn Ahmad Al-Hafeed (d.595), the author of Bidaayatul-Mujtahid, said:

ÇáæÕíÉ ÈÇáÌãáÉ åí åÈÉ ÇáÑÌá ãÇáå áÔÎÕ ÂÎÑ Ãæ áÃÔÎÇÕ ÈÚÏ ãæÊå Ãæ ÚÊÞ ÛáÇãå¡ ÓæÇÁ ÕÑÍ ÈáÝÙ ÇáæÕíÉ Ãæ áã íÕÑÍ Èå
“The wasiyyah, in a nutshell, is a man giving a gift from his wealth to another or a group of people after his death, or that he frees his slave, whether he mentions the word ‘wasiyyah’ specifically or not.” [3]


So the wasiyyah is that which is given to someone according to the wishes of the deceased. It can be expressed verbally or in writing, and then it is witnessed. In the West, it is similar to when a man writes someone in his will to receive his house, car, or a sum of money.

We have been prohibited from taking the irth of the kuffaar, according to the hadeeth:

áÇ íÑË ÇáãÓáã ÇáßÇÝÑ æáÇ ÇáßÇÝÑ ÇáãÓáã
“The Muslim may not take the irth of the kaafir, nor may the kaafir take the irth of the Muslim.” [4]


Does this prohibition also include the wasiyyah as well? Let us look to some of the statements of the scholars.


The statements of the scholars concerning a Muslim’s wasiyyah to a kaafir

With regards to a Muslim giving a wasiyyah to a kaafir, then the scholars have unanimously agreed that it is permissible. Ibn ‘Abdil-Barr said:

áÇ ÎáÇÝ ÚáãÊå Èíä ÇáÚáãÇÁ Ýí ÌæÇÒ æÕíÉ ÇáãÓáã áÞÑÇÈÊå ÇáßÝÇÑ¡ áÃäåã áÇ íÑËæäå. æÞÏ ÃæÕÊ ÕÝíÉ ÈäÊ Íõíóíøò áÃÎ áåÇ íåæÏí.
“There is no differing among the scholars, that I know of, over the permissibility of a Muslim giving a wasiyyah to his kaafir relative, since they do not inherit from him. And Safiyyah bint Huyay gave a wasiyyah to her Jewish brother.” [5]


Ibn Qudaamah Al-Maqdisee (d.620) said:

Ñæí ÅÌÇÒÉ æÕíÉ ÇáãÓáã ááÐãí Úä ÔõÑíÍ æÇáÔÚÈí æÇáËæÑí æÇáÔÇÝÚí æÅÓÍÇÞ æÃÕÍÇÈ ÇáÑÃí. æáÇ äÚáã Úä ÛíÑåã ÎáÇÝåã.
“The permissibility of a Muslim giving a wasiyyah to a thimmee has been reported from Shurayh, Ash-Sha’bee, Ath-Thawree, Ash-Shaafi’ee, Ishaaq, and the Hanafees. I do not know anyone who differed with them.” [6]


Al-Maardeenee (d.912) said:

ÝÊÕÍ áÝÞÑÇÁ ÒÇæíÉ ãÚíäÉ _ Ãæ ÑÈÇØ _ æáÐãí æÕÈí æãÌäæä ÈÇáÅÌãÇÚ
“It (the wasiyyah) is allowed to be given to the poor people of a specific area, or a band of them, and to a thimmee, a young child, or an insane person by agreement of the scholars.” [7]



The statements of the scholars concerning the kaafir’s wasiyyah to a Muslim

The scholars have also agreed that a Muslim may accept the wasiyyah of a kaafir. Ibn Al-Munthir (d.318) said, relating a consensus:

ÃÌãÚ ßá ãä äÍÝÙ Úäå ãä Ãåá ÇáÚáã Úáì Ãä æÕíÉ ÇáÐãí ááãÓáã ÈãÇ íÌæÒ Ãä íãáßå ÌÇÆÒÉ.
“All of the people of knowledge that we take from have agreed that the wasiyyah of a thimmee (a Jew or a Christian living under Islaamic rule) is permissible, so long as the thing given itself is permissible to possess.” [8]


Muhammad ibn Ahmad Al-Hafeed (d.595), the author of Bidaayatul-Mujtahid, said:

æÕíÉ ÇáßÇÝÑ ÊÕÍ ÚäÏåã _ Ãí ÇáÃÆãÉ _ ÅÐÇ áã íæÕ ÈãÍÑã
“And the wasiyyah of a kaafir is permissible to take according to them (the imaams), so long as the wasiyyah is not something haraam in itself.” [9]


Ibn Qudaamah Al-Maqdasee said:

æÅÐÇ ÕÍÊ æÕíÉ ÇáãÓáã ááÐãí¡ ÝæÕíÉ ÇáÐãí ááãÓáã æÇáÐãí ááÐãí Ãæáì
“So when it is permissible for a Muslim to give a wasiyyah to a thimmee, then a thimmee’s wasiyyah to a Muslim, or to another thimmee, has even more right.” [10]


Muhammad ibn Saalih Al-‘Uthaymeen (d.1421) said:

ÅÐÇ ÞÇá ÞÇÆá ßíÝ íßæä ÇáæÇáÏÇä ÛíÑ æÇÑËíä¿ ÝÇáÌæÇÈ: Ãä Ðáß ããßä¡ ãËá Ãä íßæä ÇáÃÈ Ãæ ÇáÃã ãÎÇáÝÇð Ýí ÇáÏíä¡ ÝÅäå áÇ íÑË ÝÊæÕí áå
“If someone asks, ‘How can one’s parents not be considered waariths?’ The answer: That is possible, like when the mother or father has a different religion, then they do not take any irth, rather they can be given a wasiyyah.” [11]


In Conclusion

If one of Fulaan the Muslim’s kaafir relatives dies, and he/she left for Fulaan a sum of money or some kind of property or wealth, having specified it for Fulaan, either in writing or by speech or gesture, and, as a result, that wealth is then offered to Fulaan, then it is permissible for Fulaan to accept it, and it is from Allaah’s halaal provisions for him. And Allaah is Al-Muwaf-fiq.


The next question that we need to have answered in this thread is:

What if the kaafir relative specifies Fulaan to receive more than one-third of his/her wealth? The Prophet (sallallaahu ‘alayhe wa sallam) forbade us from giving someone more than one-third of our wealth as a wasiyyah. The scholars have two positions with regards to the one who left a wasiyyah of more than one-third:

1) Only up to one-third may be given, and the rest is to be distributed as irth.

2) The entire wasiyyah can be given only with the consent of all the inheritors. If they do not agree, then only up to one-third is given and the rest is distributed to the inheritors.

So then does this apply to the kaafirs? Do we restrict them to one-third as well? If Fulaan’s kaafir relative leaves everything as a wasiyyah for him, can he take it? May Allaah assist us in finding answers from the people of knowledge for these important questions!



FOOTNOTES

[1] Soorah An-Nisaa’ 4:11

[2] Saheeh Sunan At-Tirmithee (2120)

[3] Bidaayatul-Mujtahid (4/180)

[4] Al-Bukhaaree and Muslim

[5] At-Tamheed (13/239)

[6] Al-Mughnee (8/512)

[7] Irshaad Al-Faaridh (p.275)

[8] Al-Ijmaa’ (p.275)

[9] Bidaayatul-Mujtahid (4/173)

[10] Al-Mughnee (8/512)

[11] Tafseer Soorah Al-Baqarah (2/309)

 

[elqouds2020]

Assalam walakum

I hope members of the forum can help my mum is a convert to islam hamdulliah although her father and family remained a non muslim till his death, when he died my mother didnt recieve anything money from his accounts etc. my mum at this point had moved out the family home, my mums brother continued to live in the family home for a further 10 years. it came to a point where he couldnt keep up with the payments on the house and he sold it he divided the proceeds between my mum and himself and there other brother.
My mums had this money for years in her account is it halal???????

furthermore my father is now using the money in her account and spending it on his family ie giving her money to his brothers and and sisters as like maintenance money.

what should i advise my mum.??

please help

essallamou allaikoum espérant que vous régler ce probleme inchaa ellah

 

[elqouds2020]

herritage

Assalam walakum

I hope members of the forum can help my mum is a convert to islam hamdulliah although her father and family remained a non muslim till his death, when he died my mother didnt recieve anything money from his accounts etc. my mum at this point had moved out the family home, my mums brother continued to live in the family home for a further 10 years. it came to a point where he couldnt keep up with the payments on the house and he sold it he divided the proceeds between my mum and himself and there other brother.
My mums had this money for years in her account is it halal???????

furthermore my father is now using the money in her account and spending it on his family ie giving her money to his brothers and and sisters as like maintenance money.

what should i advise my mum.??

please help

essallamou allaikoum espérant que vous régler ce probleme inchaa ellah:astag::astag::astag: