IslamQA

Inheritance

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: My father passed away a week back. He was employed and earned a salary, however, side by side he also had his money deposited with the bank through regular income certificate (RICE) that earned them interest. He had put a large amount in the bank during his lifetime. On the safe side in case of his default, my mother and my sister (separated from her husband) along with her daughter can finance their means. Before, when my father used to earn I accepted all money that my mother used to give me as gifts, they used to give my daughters Eidi. Now that my mothers only way of financing their needs is the interest money that they receive on their deposit, is it permissible for me to accept all gifts and Eidi as I used to do before? Can I eat at their house? I am with my husband and quiet well off Alhamdulillah. My another question is that, we are the only two daughters of my parents. My sister is separated from her husband, she has one daughter, her husband finances none of her needs except her daughters school fee. I am quiet well off with my husband. My father did not write any will before his demise. Do I inherent the same amount of assets and money as my sister? In case my mother and my sister do not give me any part from my fathers inheritance is my father sinful for not distributing his wealth? And if I forgive all my part of inheritance by my will, can I save my father from the punishment of not distributing his wealth?

Bismillaah

A: If you are sure that she is running the house with pure interest then you should refuse the gifts as well as the food etc.

Yes, it will be the same.

If your father removed your name from his estate then he is obviously sinful.

The heirs need to ensure that the estate is winded up and distributed correctly. If they correct it insha-Allah, Allah will forgive him. You also make du`aa for his maghfirat and forgiveness.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

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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