Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
In modern day, I wish to know how the will have to be allocated in my case, which would help others understand too on specifics.
I have a house worth 200,000 which I and my family (wife and children) live in and have savings of say 10,000. I have a car worth 5000 with no debts.
I have a wife son and daughter and both parents by Allahs grace are alive. I wish to know what will happen if I should die, specifically in case of the house that we are living in, does this have to be sold and allocated? which may make the wife and children potentially homeless?
Please clarify, also if in the case of only one of the parents are alive?
I wish to be guided and do my duty even if they be small.
JazakAllah Al khair.
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In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 11-14:
11 Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half. For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.
12 In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts. In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone). Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.
13 Those are limits set by Allah: those who obey Allah and His Apostle will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.
14 But those who disobey Allah and His Apostle and transgress His limits will be admitted to a fire to abide therein: and they shall have a humiliating punishment.
Your Question: I have a house worth 200,000 which I and my family (wife and children) live in and have savings of say 10,000. I have a car worth 5000 with no debts.
I have a wife son and daughter and both parents by Allahs
grace are alive. I wish to know what will happen if I should die, specifically
in case of the house that we are living in, does this have to be sold and
allocated? which may make the wife and children potentially homeless?
In the event of your death, the value of your wealth would thus be 200,000+10,000+5000 = 215,000; and since you have no debts and assuming that you have not left a will, this amount of 215,000 should be distributed amongst your legal heirs as follows:
The father will receive 1/6th of the total or 35,833.33
The mother will receive 1/6th of the total or 35,833.33
The wife will receive 1/8th of the total or 26,875.00
Since the deceased had only one son and one daughter, the balance (215,000 (35,833.33+35,833.33+26,875.00)) 116,458.34 will then be divided into three parts whereby the son gets twice the share of the daughter.
Thus, the daughter will receive 38,819.44
And the Son will receive 38,819.44 x 2 = 77,638.89
Your Question: what will happen if I should die, specifically in case of the house that we are living in, does this have to be sold and allocated? which may make the wife and children potentially homeless?
There is absolutely no need to sell the house if all the legal heirs agree to keep the house; but the legal ownership of the house must be changed to reflect each heirs respective percentage ownership.
Alternatively, if some amongst the legal heirs do not wish to become owners of the house of the deceased and wish to receive their inheritance in cash; the ones who wish to keep the house may pay the fair amount of the percentage of ownership of the house to the other heirs, and thus settle the matter legally and amicably.
Basically, the heirs have the right to fairly and equitably settle the matter amongst themselves; making sure that none of the rights of the heirs are compromised in the least. If there arises the unfortunate situation where the heirs cannot agree on a fair and equitable settlement amongst themselves on how to value or dispose the property of the deceased, then indeed, only as an absolutely last option all the property of the deceased may be sold and the amount be distributed amongst the heirs according the precise shares prescribed for each by Allah Subhanah, the Lord of the Worlds.
Your Question: Please clarify, also if in the case of only one of the parents are alive?
If the deceased is survived by only one parent, one wife, one son and one daughter; the distributed of the deceaseds wealth according to Shariah will be as follows:
The parent would receive 1/6th of 215,000 or 35,833.33
The wife would receive 1/8 of 215,000 or 26,875.00
The balance amount (215,000 (35,833.33+26,875.00)) of 152,291.67 will then be divided into three parts, the son receiving twice the share of the daughter.
Thus the daughter will receive 50,763.89
And the son will receive 50,763.89 x 2 = 101,527.78
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,