Answered by Shaykh Yūsuf Badāt
Question:
My sister asked for her share of inheritance, 3 years ago, upon the death of my father. Last year my mother transferred the property to my name so that I could facilitate everyone’s shares properly. She agreed to do this and it took over a month to get her to go to the lawyer to transfer the property to my name. I am free enough to do this before September. In July 2021, I had the house appraised and immediately informed my sister of the value of the house. Neither my mother nor my sister are agreeing even though the shares that I am giving are according to what is in the Qur’an and the Islamic law.
Is agreement between all parties required to distribute the shares when it is clearly established that the shares are being split in the correct Islamic way? Or is it sufficient for me to do it alone because my sister asked for it and my mother did not say she did not want her share?
I went to one of my uncles for assistance (my mother’s brothers) who got the rest of my uncles involved. One of them, the oldest one, is the one my mother is currently staying with. He is the only one out of four who is disagreeing with the proceedings. My mother and my sister seem to want to slow this process down, and I am in a position where if I continue to wait the value of the house will change again and I will have to pay for another appraisal, etc. Additionally, because of this delay, I cannot make any improvements on the home, so the property is currently falling into disrepair. When the initial values were proposed, my sister said I should have been paying rent. No mention of this was ever made to me, and I was paying for everything including things that the owner is responsible for (like property taxes, etc.). What should be done about this concern? It seems to me as though it is a topic to delay the matter further.
Answer:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathabah.
The Islamic ruling in the matter of inheritance is that the divinely allocated shares of what the deceased left behind should be distributed immediately. Delay in the distribution is unislamic and sinful. As soon as death occurs, the deceased is no longer the owner of his or her wealth. It is now the wealth of heirs and must be distributed immediately to the rightful owners.
Any property such as a house, that needs to be distributed, should be valued at the general market value of the time.
For the allocated Qur’ānic shares, there is no need for everyone’s approval. Therefore, you should go ahead and distribute the inheritance of your father at your earliest. Allāh’s command is above all.
Regarding any expenses of the property prior to the distribution, these expenses should be taken from the deceased’s inheritance. If you have paid them from your personal wealth, then you have the right to obtain what you have paid, from the inheritance prior to distribution.
“Indeed, Allāh commands you to render trusts to whom they are due.” – (Qur’ān 4:58)[1]
“The delay of the person who has wealth [that is owing to others] is oppression.” – (Saḥīḥ Bukhārī 2400)[2]
“[I order you] to give the rights that are upon you!” – (Saḥīḥ Bukhārī 2400)[3]
“If anyone deprives an heir of their inheritance, Allāh will deprive them of their inheritance in Paradise on the Day of Resurrection.” – (Mishkāt Al-Maṣābīḥ 3078)[4]
Only Allāh knows best.
[1] إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا – النساء ٥٨
[2] مَطْلُ الْغَنِيِّ ظُلْمٌ – البخاري ٢٤٠٠
[3] تُؤَدُّونَ الْحَقَّ الَّذِي عَلَيْكُمْ – البخاري ٣٦٠٣
[4] عَنْ أَنَسٍ قَالَ قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَنْ قَطَعَ مِيرَاثَ وَارِثِهِ قَطَعَ اللَّهُ مِيرَاثَهُ مِنَ الْجَنَّةِ يَوْمَ الْقِيَامَةِ – مشكوة المصابيخ ٣٠٧٨