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Distributing the estate of one’s parents

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My question is related to the distribution of the estate and inheritance.

We are 3 sisters and one brother, our father passed away before ramadan and after almost 4 months on our mother passed away. The father left a building and the mother also left a building in the estate. Although they never wrote any will but my mother wished to give me her gold which she left and she shared her wish with my other sisters as well that she wanted to give it to me.

1. Now the question arises that would it (gold) be divided among all the siblings or just I will be getting it?

2. Now secondly, please also explain how soon should the estate be distributed among the siblings?

3. Also, whatever is left (the belongings of the father and mother), should it be first mutually discussed between the siblings that if they want to give it to someone else or to use it by themselves, or anyone among the siblings can just give it without asking or discussing it with other because some belongings have been given without mutual consultation? Would the person get a sin if he/ she doesn’t mutually discuss about it? Highlight the importance of discussion specially in inheritance according to islam.

4. Lastly, both the buildings which my father and mother owned were giving rent, and since after my fathers death for the last four months no rent coming was distributed among the heirs and was not even disclosed. It is been collected under the supervision of our brother and a sister but the amounts are not discussed and not yet distributed. Kindly tell would the person be sinful if he has been storing the rent which was to be divided and didn’t know about it? 



1. It is part of the estate.

2. Do it immediately.

3. It is safest to do it with mutual agreement. Someone should represent the minors if there are any.

4. Obviously it is a major wrong to keep the rent without distributing it.

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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