Home » Hanafi Fiqh » Muftionline.co.za »  After the demise of my father I came to know that even a needle is divided. My father made so many things specifically for us (we sisters) to use like bed, bed sheet, mattress, study table etc. After consulting we found that these things will also come under division. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.My questionIf all these also comes under estate, then whether the clothes and books that my father gave me to use will also come under estate?If the cloths, towel, bed sheets will not come then why the bed and all which my father made for us is not our own and comes in estate to divided?My father gave us clothes and towel, bed sheets, mattress when we were going to hostel for higher studies. Will these things given to us, will become part of estate?Under the light of above questions, what about those things that he made specifically for his daughter’s marriage purpose, though the daughters are unmarried.A few of the things my father before his death kept solely, in the name of his daughters like wise few suitcases, some utensils, beds, racks, almira, etc. These things were always used by us daughters only. Will these things also come sunder estate? If so why, because in that case the dresses he bought for us will also come under estate?My uncle helped my respected father 25 years back with some amount to buy a house.Now he is claiming 50% in that house. My uncle never did claim such during my fathers life. Now he is claiming after my father’s death with us. Is he true/justified in claiming that? He himself has said many times that he had only helped my father at that time and also he was not having any “NIYAT” of having this house at that time.If some of the shareholders of the estate deny receiving their shares according to shariat rules what shall be done. My father’s brother and sister are telling that these things belong to my father and as we are his children and wife they will not accept share. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

 After the demise of my father I came to know that even a needle is divided. My father made so many things specifically for us (we sisters) to use like bed, bed sheet, mattress, study table etc. After consulting we found that these things will also come under division. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.My questionIf all these also comes under estate, then whether the clothes and books that my father gave me to use will also come under estate?If the cloths, towel, bed sheets will not come then why the bed and all which my father made for us is not our own and comes in estate to divided?My father gave us clothes and towel, bed sheets, mattress when we were going to hostel for higher studies. Will these things given to us, will become part of estate?Under the light of above questions, what about those things that he made specifically for his daughter’s marriage purpose, though the daughters are unmarried.A few of the things my father before his death kept solely, in the name of his daughters like wise few suitcases, some utensils, beds, racks, almira, etc. These things were always used by us daughters only. Will these things also come sunder estate? If so why, because in that case the dresses he bought for us will also come under estate?My uncle helped my respected father 25 years back with some amount to buy a house.Now he is claiming 50% in that house. My uncle never did claim such during my fathers life. Now he is claiming after my father’s death with us. Is he true/justified in claiming that? He himself has said many times that he had only helped my father at that time and also he was not having any “NIYAT” of having this house at that time.If some of the shareholders of the estate deny receiving their shares according to shariat rules what shall be done. My father’s brother and sister are telling that these things belong to my father and as we are his children and wife they will not accept share. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: After the demise of my father I came to know that even a needle is divided. My father made so many things specifically for us (we sisters) to use like bed, bed sheet, mattress, study table etc. After consulting we found that these things will also come under division. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

My question

  1. If all these also comes under estate, then whether the clothes and books that my father gave me to use will also come under estate?
  2. If the cloths, towel, bed sheets will not come then why the bed and all which my father made for us is not our own and comes in estate to divided?
  3. My father gave us clothes and towel, bed sheets, mattress when we were going to hostel for higher studies. Will these things given to us, will become part of estate?
  4. Under the light of above questions, what about those things that he made specifically for his daughter’s marriage purpose, though the daughters are unmarried.
  5. A few of the things my father before his death kept solely, in the name of his daughters like wise few suitcases, some utensils, beds, racks, almira, etc. These things were always used by us daughters only. Will these things also come sunder estate? If so why, because in that case the dresses he bought for us will also come under estate?
  6. My uncle helped my respected father 25 years back with some amount to buy a house.Now he is claiming 50% in that house. My uncle never did claim such during my fathers life. Now he is claiming after my father’s death with us. Is he true/justified in claiming that? He himself has said many times that he had only helped my father at that time and also he was not having any “NIYAT” of having this house at that time.
  7. If some of the shareholders of the estate deny receiving their shares according to shariat rules what shall be done. My father’s brother and sister are telling that these things belong to my father and as we are his children and wife they will not accept share. The share holders according to shariah rules are wife, daughters (05), brothers (02) and sisters (02). There is no son.

Bismillaah

A:

  1. Whatever belonged to the deceased will form part of the estate. Whatever was gifted by the deceased to the family members during the deceased lifetime (before his final illness) will not form part of the estate.
  2. As above.
  3. As above.
  4. If he had intended gifting those items to his daughters after they get married, then since those items have not been gifted to them in his lifetime, they will form part of the estate.
  5. Refer to number 1.
  6. Since your uncle did not purchase the house with your father, instead he only assisted your father financially (i.e. he did him a favour), he will not be the owner of any portion of the house.
  7. After deducting the burial expenses, debts and one third of the estate for bequests, the estate will be divided into 720 shares and will be distributed as follows:

The wife will receive 90 shares

Each daughter will receive 96 shares

Each brother will receive 50 shares

Each sister will receive 25 shares

NB: The above Shar’ee distribution of inheritance is based on the information provided regarding the total number of heirs of the deceased present.

 

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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