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Inheritance and Gift Distribution After Forced Eviction: Navigating Compensation

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My great grandfather had an estate in Durban from which they were forcefully evicted in 1972. My father also passed away in 1972. He was survived by his two brothers of which one passed away a few years ago. My paternal grandfather, who is now late, had many brothers and sisters of which two brothers and few sisters are living.

One of my paternal grandfather’s living brothers contacted the government some years ago to ask for compensation. The government sold this land recently for about 20 million Rands. The government decided to give us a gift of plus minus six million Rands in total, but did not know how to apportion it. They looked at the surviving sons and daughters of my great grandfather. In total, there are plus minus 34 shareholders.

In our scenario, my paternal grandmother is first in line since my paternal grandfather is late. She has one living son who is my father’s brother and no daughters. The government said that the money is a gift to all the living descendants of my great grandfather, but each one’s descendants should amicably agree to apportion their shares proportionately.

In my case, my father is survived by my mother, my brother and I. So, the government is giving about R200 000 each to my paternal grandmother, my father’s living brother and R200 000 to my mother, brother and myself and the last R200 000 to my father’s late brother’s family.

Initially, my father’s brother was not happy to give us the money saying that we do not inherit. However, due to pressure from all other shareholders, he decided to also make us party to the gift. Are we entitled to accept this gift from the government?

Bismillaah

A: Through the government expropriating the land, the government became the owner of the land. The land no longer belonged to your great-grandfather and hence did not form part of his estate at the time of his demise. If the government wishes to give a gift to the family, it will be permissible to accept it. Those members of the family whom the government intended to gift the money to will share the money equally among themselves in the manner specified by the government. Other family members will not have any right in the money as this is not the inheritance of your great-grandfather.

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

ولو استولى أهل الحرب على أموالنا وأحرزوها بدارهم ملكوها عندنا فإن ظهر المسلمون عليهم بعد ذلك فوجده المالك القديم قبل القسمة أخذه بغير شيء وإن وجده بعد القسمة في يد من وقع في سهمه إن كان من ذوات القيم أخذه بقيمته إن شاء وإن كان مثليا لا يأخذه بعد القسمة فإن اشتراه مسلم منهم في دارهم وأخرجه إلى دار الإسلام أخذه المالك بالثمن إن شاء وإن وهبه العدو من مسلم أخذه المالك القديم بالقيمة إن شاء (فتاوى قاضي خان 3/355)

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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