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Taking one’s brother’s share of the estate

Answered as per Hanafi Fiqh by Muftionline.co.za

Q:My father left behind 25 lacs in his account after his death. We are two brothers, my elder brother is married and is doing a govt job. I am student and unmarried yet. I’m not unemployed yet. My father had made a bequest to my mother that all this money should be given to me only and not to my brother. Should I keep all the money? If I keep it without giving any share to my brother, will I be sinful?

Bismillaah

A: It is part of the estate. Your brother’s share is not halaal for you.

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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