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Why father gets balance...

Why father gets balance inheritance.

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:

Aasalamoalaikum


(referring your question 7440.)I do not understand why the father of the deceased will get 20.83%.you explained that the father of deceased normally gets 16.67%.Is it that all that remains will go to the father of the deceased?

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Answer:

Why father gets balance inheritance

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 none 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.

According to Shariah Law the son/sons of the deceased are the primary heirs who are eligible to receive the full balance after all the other legal heirs of the deceased are given their prescribed shares as inheritance. 

But if the deceased is not survived by a son/sons, the father of the deceased becomes the primary heir, and it is the father who becomes eligible to receive the full balance after all the other legal heirs of the deceased are given their prescribed shares.

If the deceased is survived by children which includes a son/sons, then all the other legal heirs (mother, father, and wife of the deceased) will get their prescribed shares as inheritance, and the balance which remains will be shared amongst the surviving children; the sons getting twice the share of the daughters. 

If the deceased is survived by a son or sons (no daughters), then all the other legal heirs (mother, father, and wife of the deceased) will get their prescribed shares as inheritance, and the balance which remains will go to the surviving son/sons.

If the deceased is not survived by a son/sons, then the father of the deceased becomes the primary heir….and after the other heirs (mother, wife, daughter/s of the deceased) are given their prescribed shares, the balance which remains will all be inherited by the father of the deceased.  

Your Question: ….I do not understand why the father of the deceased will get 20.83%.you explained that the father of deceased normally gets 16.67%.Is it that all that remains will go to the father of the deceased?

If the deceased was survived by a son/sons, the father would indeed get the prescribed share of 1/6th or 16.67%; but because in this particular case the deceased had no son/sons and was survived by his father, his mother, his wife, and one daughter, the father becomes the primary heir and becomes eligible to receive the balance amount of the inheritance which remains after the prescribed shares of the other legal heirs are distributed.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan