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One brother claiming more from father’s estate

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I have a question regarding hibah and wirasat.

We are 3 brothers and 1 sister, my father did all our marriages, but he spent a little more in our sister’s marriage. Now my father is no more in this world, so one of my brother’s is claiming that since the expenses for my sister’s wedding was more, he is claiming for that much more share in the wirasat.

Kindly let me know the solution for this, does he have the right to claim more? If yes, then how much should he be given?

Note: Only 1 brother is claiming, the other 2 brothers are not claiming.

Bismillaah

A: It is not right for him to make this claim.

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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