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QUESTION: salam,
WELL IT STARTED WHEN MY MOM WAS ALIVE ALL THE PROPERTIES AND  LAND WAS DIVIDED AMONGST BROTHERS AND MY SISTERS DID NOT WANT A SHARE SO WHEN MY MOM DIED AND MY DAD HAD A STROKE AND WAS LIVING WITH MY YOUNGER BROTHER,BUT THERE WAS A HOUSE WHICH WAS MINE AND MY YOUNGER BROTHER  GIVEN TO US IN OUR SHARE  BUT MY YOUNGER BROTHER WANTED TO BUY THE HOUSE TO HIMSELF SO I THOUGHT HE WAS GOING TO GIVE ME  HALF OF THE HOUSE COST WHICH THE HOUSE VALUE WAS 100,000 POUNDS AND I WOULD GET 50,000 POUNDS BUT THEN MY OLDER BROTHER JUMPED IN AND WANTED A SHARE AND ALSO MY SISTERS ASWELL AND MY DAD WANTED A SHARE BUT THE PROPERTY HAD ALREADY BEEN DIVIDED WHEN MY MOM WAS ALIVE SO WHAT I DID WAS TAKE 19,000 POUNDS OUT OF THE ACCOUNT BUT IF U TAKE THAT AMOUNT OUT OF 50,000 MY SHARE THEY STILL OWE ME ANOTHER 31,000 POUND NOW CAN U TELL ME ACCORDING TO THE HADITH AND QURAN AND THE SUNNA OF THE PROPHET PBUH THAT AM IN THE WRONG OR THEM THATS ALL I LIKE TO ASK AND ANOTHER THING IS I SUFFER FROM A MENTAL ILLNESS AND I THINK THEY TRIED TO TAKE ADVANTAGE OF ME ,THNK U  HUDA HAFIZ   PLZZZ REPLY

ANSWER: Each and every property should be distributed as per the below rules.

laws of inheritance
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[Baqara 2:180] It is prescribed, when death approaches any of you, if he leave any goods that he make a bequest to parents and next of kin, according to reasonable usage; this is due from the Allah/God-fearing.

[Nisa 4:7] From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share.

[Nisa 4:8] But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice.

Bukhari Volumn 002, Book 026, Hadith Number 658.
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Narated By 'Usama bin Zaid : I asked, "O Allah's Apostle! Where will you stay in Mecca? Will you stay in your house in Mecca?" He replied, "Has 'Aqil left any property or house?" Aqil along with Talib had inherited the property of Abu Talib. Jafar and Ali did not inherit anything as they were Muslims and the other two were non-believers. 'Umar bin Al-Khattab used to say, "A believer cannot inherit (anything from an) infidel." Ibn Shihab, (a sub-narrator) said, "They (Umar and others) derived the above verdict from Allah's Statement: "Verily! those who believed and Emigrated and strove with their life And property in Allah's Cause, And those who helped (the emigrants) And gave them their places to live in, These are (all) allies to one another." (8.72)

[Quran Nisa 4:8] But if at the time of division other relatives, or orphans or poor, are present, feed them out of the (property), and speak to them words of kindness and justice.

[Quran Nisa 4:10] Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire!

[Quran Nisa 4:11] Allah (God) (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 ('s) after the payment of legacies and debts. you know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah (God); and Allah (God) is All-knowing, Al- wise.

[Quran Nisa 4:12] In what your wives leave, your share is a half, if they leave no child; but if they leave a child, you get a fourth; after payment of legacies and debts. In what you leave, their share is a fourth, if you leave no child; but if you 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 any one). Thus is it ordained by Allah (God); and Allah (God) is All-knowing, Most Forbearing.

[Quran Nisa  4:13] Those are limits set by Allah (God): those who obey Allah (God) and His Apostle will be admitted to Gardens with rivers flowing beneath, to abide therein (for ever) and that will be the supreme achievement.

[Quran Nisa 4:14] But those who disobey Allah (God) and His Apostle and transgress His limits will be admitted to a Fire, to abide therein: And they shall have a humiliating punishment.

[Quran Nisa 4:176] They ask you for a legal decision. Say: Allah (God) directs (thus) about those who leave no descendants or ascendants as heirs. If it is a man that dies, leaving a sister but no child, she shall have half the inheritance: If (such a deceased was) a wo man, who left no child, Her brother takes her inheritance: If there are two sisters, they shall have two-thirds of the inheritance (between them): if there are brothers and sisters, (they share), the male having twice the share of the female. Thus doth Allah (God) make clear to you (His law), lest you err. And Allah (God) has knowledge of all things.

[Quran 33:36] It is not fitting for a Believer, man or woman, when a matter has been decided by Allah (God) and His Apostle to have any option about their decision: if any one disobeys Allah (God) and His Apostle, he is indeed on a clearly wrong Path.


Bukhari Volumn 008, Book 080, Hadith Number 724.
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Narated By Ibn 'Abbas : The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased."

Bukhari Volumn 008, Book 080, Hadith Number 731.
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Narated By Ibn 'Abbas : (During the early days of Islam), the inheritance used to be given to one's offspring and legacy used to be bequeathed to the parents, then Allah cancelled what He wished from that order and decreed that the male should be given the equivalent of the portion of two females, and for the parents one-sixth for each of them, and for one's wife one-eighth (if the deceased has children) and one-fourth (if he has no children), for one's husband one-half (if the deceased has no children) and one-fourth (if she has children)."

Bukhari Volumn 008, Book 080, Hadith Number 725.
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Narated By Sa'd bin Abi Waqqas : I was stricken by an ailment that led me to the verge of death. The Prophet came to pay me a visit. I said, "O Allah's Apostle! I have much property and no heir except my single daughter. Shall I give two-thirds of my property in charity?" He said, "No." I said, "Half of it?" He said, "No." I said, "One-third of it?" He said, "You may do so) though one-third is also to a much, for it is better for you to leave your off-spring wealyour than to leave them poor, asking others for help. And whatever you spend (for Allah's sake) you will be rewarded for it, even for a morsel of food which you may put in the mouth of your wife." I said, "O Allah's Apostle! Will I remain behind and fail to complete my emigration?" The Prophet said, "If you are left behind after me, whatever good deeds you will do for Allah's sake, that will upgrade you and raise you high. May be you will have long life so that some people may benefit by you and others (the enemies) be harmed by you." But Allah's Apostle felt sorry for Sa'd bin Khaula as he died in Mecca. (Sufyan, a sub-narrator said that Sa'd bin Khaula was a man from the tribe of Bani 'Amir bin Lu'ai.)

Bukhari Volumn 005, Book 057, Hadith Number 010.
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Narated By 'Abdullah bin Abi Mulaika : The people of Kufa sent a letter to Ibn Az-Zubair, asking about (the inheritance of) (paternal) grandfather. He replied that the right of the inheritance of (paternal) grandfather is the same as that of father if the father is dead) and added, "Allah's Apostle said, ' If I were to take a Khalil from this nation, I would have taken him (i.e. Abu Bakr)."

---------- FOLLOW-UP ----------

QUESTION: yes brother i know and thnk u for giving me the quotation but i wanted to know to the above question that wether i have to pay the money back or was it my right to take the 19.000 pounds cos they owed it to me the half share which is 50.000 pounds cos the house was priced roughly 100.000 pounds it was my brother and mine but after the death of my mom the older brother and 2 sisters jumped in and wanted a share cos everything was divided wen my mom was alive and my sisters did not want share but wen my mom passed away thats wen they wanted share so do they deserve the share or are they in the wrong can u tell me in basic words cos above your answer is abit hard to understand,tell me in your own words the meaning cos it only tells u how to divide the share not describing the above question as i have explained thnk u very much plzzz do reply i'll be waiting bye huda hafiz.

ANSWER: They had waived their share which was incorrect. However if they now wanted it, they should be given if they has a share in that property.

Regards
ahmer

---------- FOLLOW-UP ----------

QUESTION: salam brother,thnk u  u for your answer,

what am trying to say is that ok if they wanted share in my younger brothers and mine property then don't you think they should have share in other properties aswell like my older brothers,land other houses aswell which was all divided at the same time when my mother was alive,why just this partically property,why don't the sisters take share in other properties aswell,that what i don't understand why mine property and not the rest properties,land houses here and abroad,is this justice brother???or is it because i have a mental illness and they try to take advantage,plzzzz sir you are not getting to the point,can u read all over properly what am trying to say,plzzz don't be offended,i don't understand because i wrote to one imam and he said you done the right thing but i want your point of view according to sharia,to make it 2 persons because allah ta la says something you understand ask someone higher then you who understands,plzzz review everything again,i'll be grateful,i have noone to turn too thnk u bye huda hafiz salam,plzzz reply as soon as possible.i'll be waiting.

Answer
Dear Sister,
I have thought over.
Below is what appears to me as the best solution - guilt free.
Please take into account how much the whole property was in value before distribution. Then please calculate how much share was yours in that. Now what you got if its equal to that share, you need not given them a penny. If your share is more than what it was supposed to be, give them the extra amount. If what you have is less than your authorised share, claim the extra amount from them.

Regards
Ahmer

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Preaching Islam since childhood, and further gained commanding knowledge of almost every affairs of the religion though authentic books and attending lectures by notable scholars of Islam

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