Presentation on theme: "Lesson 73 Inheritance (2). Bequest: There are two kinds of bequests: a)one is to bequeath to fulfill a due right or take care of the young, and b)another."— Presentation transcript:
Lesson 73 Inheritance (2)
Bequest: There are two kinds of bequests: a)one is to bequeath to fulfill a due right or take care of the young, and b)another to bequeath in order to distribute money to individuals or institutions.
Conditions for bequeathing are: - maturity and distinction, - bequeathing something permissible, and - the acceptance of the person to which the bequest is directed.
The bequest is not allowed to an heir.
It is possible to withdraw or modify the bequest before death.
The bequest is executable only after paying off debts.
The bequest can not exceed one-third of the inheritance, but if it is not enough, the amount is divided among the bequeathed ones like the division of debts.
The dutiful bequest The dutiful bequest is that ordained by law, even if the deceased has not left a bequest.
It is for the grandchildren whose father died before their grandfather and have paternal uncles who exclude them from inheritance, so an obligatory bequest is for them equal to their father's share which should not exceed one-third of the whole wealth.
This means: “Allah commands you as regards your children's (inheritance); to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half.
For parents, a sixth share of 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 he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever AllKnower, AllWise.” (An-Nisa’:11)
It means: “In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or 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 lagacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever AllKnowing, MostForbearing.” (An-Nisa’: 12)
This means: “They ask you for a legal verdict. Say: "Allah directs (thus) about AlKalalah (those who leave neither descendants nor 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 woman, who left no child, her brother takes her inheritance.
If there are two sisters, they shall have two- thirds of the inheritance; if there are brothers and sisters, the male will have twice the share of the female. (Thus) does Allah makes clear to you (His Law) lest you go astray. And Allah is the All-Knower of everything.” (An-Nisa’: 176)
The Prophet (SAWS) said: “Divide the property among those whose share have been prescribed in the Book of Allah, and what remains from the prescribed shares goes to the nearest male heirs.” (Reported by al-Bukhariyy and Muslim)
The Messenger of Allah (SAWS) said: “Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.” (Reported by Abu-Dawud)
He (SAWS) also said: “People of two different religions would not inherit from one another.” (Reported by al-Bukhariyy and Muslim)
He (SAWS) also said: “There is nothing for the murderer.” (Reported by Abu-Dawud)
He (SAWS) also said: “The child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.” (Reported by al-Bukhariyy and Muslim)
This means: “O you who believe! When death approaches any of you, and you make a bequest, then take the testimony of two just men of your own folk.” (Al-Ma’idah: 106)
Allah says: ﴿ مِنْ بَعْدِ وَصِيَّةٍ يُوصِى بِهَا أَو دَيْنٍ﴾ [ النساء : 11 ] ، ومثلها في [ النساء : 12]
This means: “(The distribution in all cases is) after the payment of legacies he may have bequeathed or debts.” (An-Nisa’: 11) Also in (An-Nisa’: 12)
The same meaning is repeated in the following verse, in the same Surah.
The Messenger of Allah (SAWS) said: “It is the duty of a Muslim who has something which is to be given as a bequest not to have it for two nights without writing it down in a will.” (Reported by al-Bukhariyy and Muslim)
The Prophet Muhammad (SAWS) said to Sa`d Ibn-Abi-Waqqas when he asked him about the bequest: “Give one-third and that will be sufficient. It is better to leave your heirs rich rather than to leave them in poverty begging from people.” (Reported by al-Bukhariyy and Muslim)
The Messenger of Allah (SAWS) said: “Allah, The Most Exalted, has appointed for everyone who has a right what is due to him, and no will could be made to an heir.” (Reported by Abu-Dawud)