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Dividing Inheritance: How to Distribute Cash Benefits After a Brother’s Death

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: We are four brothers and three sisters of whom one sister is unmarried. One of our brothers was working abroad. He died 2 years ago and left behind one widow and a son of about eight years. Our parents have already died. We have distributed the rest of the property of our deceased brother. But now we have received the salary arrears and other benefits of our deceased brother in cash. I want to ask that how this cash amount will be distributed. The rest of my brothers are of the opinion that as they sponsored all the expenses of sending our brother abroad so they are entitled to receive all the cash.

Bismillaah

A: The Entire estate will be distributed between the wife and the son. The wife will receive one eight and the remainder will be given to the son. The money that the brothers sponsored was done as a favor to their brother, hence they will not be able to claim that amount from the estate. 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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