Ask Shaykh YQ #67

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Yasir Qadhi

Channel: Yasir Qadhi

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Episode Notes

Can Laws of Inheritance be Mutually Re-Negotiated. Yes, the division of wealth should be done in the specified portions in general, but what if all of the family members involved accept to divide it in another way?

Episode Transcript

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A brother emails and says that that I have, I have two brothers and a sister who is divorced all of us are successful except for the sister She is struggling with her children and my father wishes to leave the inheritance to my sister and all of us have agreed to this, but he is worried that he might be committing a sin by denying us our inheritance that is in the Koran. So what is your advice over here

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in Asia? No, he him first.

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So, the issue is about inheritance being re changed or redefined amongst consenting family members now. This is a very simple answer that unfortunately people problematized they make a much bigger deal out of it than it needs to be. Dear brothers and sisters listen to this carefully. The Quran has given shares to people of the family every single share that Allah gives in the Koran it is a right from a law no one has the right to deny that fraction to the relative the son the daughter the mother the Father, the husband or wife and in some cases the siblings and uncles in some cases it depends on the situation scenario now after the you know so whenever somebody passes away there's

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the the local scholar this year who knows the laws of inheritance should basically say okay, Allah has given one fourth year and two thirds there is going to be divided there each son gets this much each daughter gets that much Okay, these are the heck of a lot subhana wa tada no one has the right to deny that fraction outside of the person who gets it okay. Allah says in the Quran, literally god no see what it is that men have a share women have a share anila men who Oh Catherine Ah, see Burma for a small amount or a large amount. It is a share that allows origin has conferred upon that person. Nobody should be pressured or forced to give up their share. It is not allowed for the

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parent or the child to say I don't want my so and so to get it when Allah has given them that right. However, what if the person who has the share says, You know what, I'll gift it to somebody else? Is that a problem? Of course not. Of course not. There is no problem. If the one who owns the share willingly gives up the share to somebody else, it's a gift and gifts are completely permissible. And this is in fact insert and Nisa the very first page, Allah subhana wa tada says that what are two Nisa so the author hinden. Allah gave women their galleries, gift them freely. And then Allah says, but if they decide of their own free will to gift a portion back to you, then they may do so. And

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you may take it honey, and Maria, you may take it and eat from it, no worries about that. So it is the hack of the wife to say, I want my full mouth. And she can also say, you know what, just give me half and keep the half in a lesson. That's fine as long as she's not pressured. So the rights of the fractions of inheritance of the percentages that are given, these are rights that come from Allah subhanho wa Taala, no one can come between the person who has that right and the wealth that is coming to him, except the person himself. And therefore, if that person says, You know what, I am entitled to get one fourth, but my sister needs it more than me to father, the sister, you know,

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take it Go ahead, I have no need of this, and it is our father's money, and I willingly gift you, then that is 100% halaal. But with one condition. And that condition is what it comes from his heart. He's not being pressured. Now. Can he be asked? Of course he can. You can ask anything of anybody, whether they do it or not. To me, it's another thing but you can ask a Hillel thing. And it is permissible to ask but also he should not be pressurized. Now this is a it's a gray area here understandably. And that's not something that I can get involved with. But there is not the heck of anybody to make him feel guilty for taking his right or her right that Allah has given. At the same

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time. If Allah has given him a lot of wealth, and his sister or brother is in much more need and the family understands that you know what this sibling in particular because of circumstances beyond his or her control, things didn't work out and you know, at hamdulillah do so. And so Allah has blessed you you have your house you have your car, you have your entire career and this sibling of yours for reasons you know, everybody knows it didn't work out. Surely have some mercy Allah will have mercy on you. If other people tell this person and the parents

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You know, family gently without putting any you know, pressure that is an Islamic no again, what is the degree of not this is something that will vary from person to person. But if it comes genuinely from the heart, and they agree that you know what I'm going to give my share, then there is no sin. And from what the questioner has said, and handlers are very optimistic question that the brother is saying that all of us brother, and we are two or three brothers, we fully understand our sister's divorce, she has children, we are all career established, we have, you know, successful issue, we don't need our father's money, we're happily, we will happily give the money to our sister in this

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scenario, Alhamdulillah, no problem, make the father happy in his lifetime. And tell him that, you know, dear father, when you pass away, don't worry, all of this will go to our sister, because they are not rejecting the idea of Allah, Allah has given them their share. And they're saying, you know what, fine, it's my share, but I'm giving it to my sister, no technical point to technical point,

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they are allowed to gift

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and that allowance is going to be validated at the time of the death, right. And so this is, again, being 50 here or technical here. Because I don't like to be but at the same time, it is something that needs to be said that when the parent passes or in this case, the father passes away or whatever, at that point in time, the brother in need to be basically validated. You know, do you all agree to do this because that is when they get the help. Before this point in time, it is a promise, and no doubt, to fulfill the promise as a part of a man. And to break a promise is not good at all. But if one of them said, You know what, I changed my mind, he would be technically technically

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allowed to take your share. And ethically or morally, understandably, there would be some issues and that person has to deal with it. And that's not very good. What if you've made that promise, but in this case, this is not a promise that is that is necessary to be fulfilled, because the half only come the reason why this is the case, that hack only comes at the death of the of the person. That's why I'm saying this otherwise, in any other scenario, if the hacker is already there, then yes, the the hack should be fulfilled even after the death. So if you make a promise to your father, about anything, and so you promised your father, your mother, that I'm going to do this after you die,

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then yes, you have to fulfill it. In this particular case, there is a bit of a difference because the the the right or the ruling was only validated at the time of the father's death. Nonetheless, this is not something that really should be done. And there's no doubt that there's going to be some backlash. And and and that person has to do with that to give to others Allah will give on to you. So bottom line, dear Muslims, the issue of the fractions of inheritance, these are mandated by law, and no one has the right to come between a person and his or her legitimate inheritance, except that person himself or herself, and they have every right to gift it to anybody whom they want, they can

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gift it to a complete stranger. It doesn't even have to be a relative, they can say, you know what all of this money, I'm going to give sybilla somewhere who's going to stop them. So if the situation is such that a particular relative is in great need, and they all collectively decide even in the lifetime of the one who is going to their inheritance they're talking about and they collectively agree this is something that is permissible as long as it as it is done from the purity of their heart without any pressure being established. How would that we come to the conclusion of today's q&a shala we'll see you all next week.