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11- CONCERNING YOUR CHILDREN’S INHERITANCE, ALLAH COMMANDS YOU THAT THE MALE PORTION IS EQUAL TO THAT OF TWO FEMALES.  IF THEY ARE MORE THAN TWO WOMEN, THEY TAKE TWO THIRDS OF WHAT HE LEFT; IF SHE WAS ONLY ONE, SHE TAKES HALF AND FOR HIS PARENTS A SIXTH OF WHAT HE LEFT, IF HE HAS CHILDREN.  IF HE HAS NO CHILDREN AND HIS PARENTS INHERIT HIM, HIS MOTHER TAKES A THIRD.  IF HE HAS SIBLINGS, HIS MOTHER TAKES A SIXTH AFTER PAYING A WILL HE MADE OR DEBT. YOUR PARENTS AND YOUR CHILDREN, YOU DO NOT KNOW WHO IS MORE BENEFICIAL TO YOU.  THIS IS A COMMAND FROM ALLAH; INDEED ALLAH IS ALL KNOWING AND MOST WISE.

12- YOU TAKE OF WHAT YOUR WIVES LEAVE IF THEY DO NOT HAVE CHILDREN, BUT IF THEY HAVE CHILDREN YOU TAKE A QUARTER OF WHAT THEY LEFT, AFTER THE PAYMENT OF A WILL THEY MADE OR DEBT.  THE WIVES TAKE A QUARTER OF WHAT YOU LEFT IF YOU HAVE NO CHILDREN, BUT IF YOU HAVE CHILDREN, THEY TAKE AN EIGHTH, AFTER THE PAYMENT OF A WILL YOU MADE OR DEBT.  AND IF A MAN OR A WOMAN NOT LEAVE CHILDREN OR PARENTS, WHILE HE HAS A BROTHER OR A SISTER, EACH WILL HAVE A SIXTH, BUT IF THEY ARE MORE, THEN THEY ARE PARTNERS IN A THIRD, AFTER THE PAYMENT OF A WILL HE LEAVES OR A DEBT, WITHOUT CAUSING HARM TO ANY ONE, A COMMAND FROM ALLAH, AND ALLAH IS ALL KNOWING AND MOST FORBEARING.

13- THESE ARE ALLAH’S LIMITS; AND WHOEVER OBEYS ALLAH AND HIS MESSENGER, ALLAH ADMITS HIM TO GARDENS WITH RIVERS FLOWING UNDERNEATH, WHERE THEY WILL ABIDE FOREVER, AND THIS IS THE GREATEST ACHIEVEMENT.

14- AND HE WHO DISOBEY ALLAH AND HIS MESSENGER AND TRANSGRESSES OVER HIS LIMITS, ALLAH WILL ADMIT HIM TO A FIRE, WHERE THEY WILL ABIDE FOREVER, AND WILL SUFFER A HUMILIATING PUNISHMENT.

Allah the Highest narrated the principles of inheritance in detail.  The women and the children, who were too young to fight, did not inherit.  Allah the Highest is stating clearly that they inherit.  It is interesting that the rules concerning inheritance are mostly in the Quran, not the Hadith. 

Allah’s messenger’s companion Jabir Ibn Abd Allah reported: “Allah’s messenger prayer and peace upon him came to see me when I was ill.  I said to him: Allah’s prophet, how should I divide my property between my children? He did not answer me, then came down: ‘CONCERNING YOUR CHILDREN’S INHERITANCE, ALLAH COMMANDS YOU THAT THE MALE PORTION IS EQUAL TO THAT OF TWO FEMALES……….’  (T: Faraed; 6)

Jabir Ibn Abd Allah Also reported: “Saad Ibn El-Rabae’s wife went to Allah’s messenger prayer and peace upon him and said: Allah’s messenger, these are the daughters of Saad Ibn El-Rabae, he was martyred with you on the day of Ohud.  Their uncle took their property and did not leave them any, and they will not be married if they do not have any property.  He said: “Allah will rule in this case”.  Then the Ayahs concerning inheritance were sent down.  Allah’s messenger prayer and peace upon him sent for their uncle, and said to him: “Give Saad’s daughters two thirds and their mother an eighth and what is left is yours”. (T: Faraed; 3 & Ma: Faraed; 2 & D: Faraed; 4)

I will go through these Ayahs, discussing the rules of Inheritance in detail:

“CONCERNING YOUR CHILDREN’S INHERITANCE, ALLAH COMMANDS YOU THAT THE MALE PORTION IS EQUAL TO THAT OF TWO FEMALES”

-         In case the offspring of the deceased are males, females as well as a wife.  The wife should take an eighth, and rest is divided between the male and female children giving the male twice the share of the female.

-         If there are no boys, only girls.  If they are two girls or more they take two thirds of the estate.

-         If the deceased has one daughter and no sons, she inherits half the estate.

-         The share of the parents will be as follows:

a-     If the deceased has not children, spouse, or siblings,  then his parents inherit all the estate,  the mother takes a third and the father two thirds (twice as much)

b-    If the deceased have children and wife. The wife takes an eighth, and his parents take a sixth each.

c-     If the deceased has no children or spouse, but has brothers and/or sisters.  The mother takes a sixth, and the father takes a third, and the rest is divided between the siblings, giving the male twice as much as the female.

d-    If the deceased leaves a widow or widower, and no children. The Widow takes a quarter and the widower takes half, then the rest is divided between the parents, giving the father twice as much as the mother.

-         The inheritance of the husband or wife:

a-     The husband (widower) inherits half his deceased wife’s estate if she does not have children.

b-    If the deceased wife has children, her husband inherits a quarter.

c-     If the deceased husband has children, his wife (widow) inherits an eighth of the estate.

d-    If the deceased husband has no children, his wife (widow) inherits a quarter of the estate.

-         If a man or woman dies leaving neither parents nor children, but brothers and sisters from his MOTHER ONLY:

If they are two, regardless of their gender, they inherit a sixth each.  If they are more than two, they share a third.  Not that in this case the male inherits the same portion as the female.

The scholars agree that the Ayah dealing with the same situation if the brothers and sisters are from the father is Ayah 176 of Sorah Nesae.

-         If a man or woman dies leaving neither parents nor children, but brothers and sisters from both father and mother or from father only;

a-     If one sister inherits, she inherits half the estate.

b-    If one brother inherits, he inherits the whole estate.

c-     If two sisters inherit, they inherit two thirds, a third each.

d-    If they are brothers and sisters, the estate is divided between them the male share is twice that of the female.

The estate should be divided after the payment of the deceased DEBTS and paying for any WILL he made.  The will can not be for more than a third of the estate, after the debt has been paid.

Allah the Highest knows about us and that money and wealth is tempting and that one may want to take more than his fair share.  Allah the Highest promises those who obey Him and His messenger the gardens of paradise, and those who disobey him the punishment of the Hell-Fire.

The situation in inheritance can be more complicated than the above, but these are the basic rules.  If the situation is more complicated than the above, one should consult a scholar.

B: Bukhari    M: Muslim     Mal: Malek    A: Ahmed   D: Abu Dawood     

Da: Daremy       Ma: Ibn Magah            N: Nesae          T: Termezi