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Thread: Property rules and conditions
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anonymous

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Is the rule of inheritance the same regardless of mental state the individual

Son gets 3/4 and daughter 1/4

What if either one is insane , will the other get the full share ?
 
anonymous said:
Is the rule of inheritance the same regardless of mental state the individual

Son gets 3/4 and daughter 1/4

What if either one is insane , will the other get the full share ?
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A'salamu alaykum.

Allah says - "O you who have believed, when you contract a debt for a specified term, write it down. And let a scribe write it between you in justice. Let no scribe refuse to write as Allah has taught him. So let him write and let the one who has the obligation dictate. And let him fear Allah, his Lord, and not leave anything out of it. But if the one who has the obligation is of limited understanding or weak or unable to dictate himself, then let his guardian dictate in justice. And bring to witness two witnesses from among your men. And if there are not two men (available), then a man and two women from those whom you accept as witnesses - so that if one of the women errs, then the other can remind her."

Surah Al Baqara, 282

What I am aware of is, the one who is mentally disabled should have a guardian appointed for him/her to manage their inheritance. And please do consult someone in your community, with knowledge, about this. And Allah knows best.
 
Is it 3/4 for son and 1/4 for daughter? I thought it was two parts for the son and 1 part for the daughter. If the amount is 10 then 6 2/3 goes to the son and 3 1/3 to the daughter as opposed to 7 1/2 and 2 1/2 respectively...


eace:
 
greenhill said:
Is it 3/4 for son and 1/4 for daughter? I thought it was two parts for the son and 1 part for the daughter. If the amount is 10 then 6 2/3 goes to the son and 3 1/3 to the daughter as opposed to 7 1/2 and 2 1/2 respectively...

eace:
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Yes. You are right. The boys get two parts. The girls get one part.

I thought it was really strange that my oldest brother wanted everything shared out soon after Dad died but Mom is still alive. He asked a Mufti who said you could which I thought was extremely strange but hey ho. Mom got one eighth of everything. Then the rest was split up into two parts for the boys and one part for the girls.

With regards to the OP. Is the sane child looking after the insane one? I would have thought the insane one should get more for hospital and medication costs but that's my own personal view.
 
So with 4 wives, they take a total of half. Then the balance into parts for the children. On the medical cost, each have their allotted portion. If the other decides to bear the costs, so be it. eace:
 
greenhill said:
So with 4 wives, they take a total of half. Then the balance into parts for the children. On the medical cost, each have their allotted portion. If the other decides to bear the costs, so be it. eace:
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Don't know about four wives and if the rules are different. A Mufti would know though.
 
greenhill said:
4 X 1/8 =4/8 =1/2. It's that simple. Seriously. :shade:


eace:
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That's nice dear. What I meant was if one of the wives had been his wife from the start and the other two or three were only recent, I'm unsure if they would all get the same amount. Technically they should but unsure myself if there are rules pertaining to that. :nervous:
 
Brothers (above), A'salamu alaykum.. I'm sorry to interrupt but I assume OP is asking for the Shari'a ruling. We should not confuse them, in sha Allah.
 
That is the ruling. We have cleared the children's portion.Just adding the wives portion..

No it maters not how long they have been married. The 'rights' exist as soon as they get married.


eace:
 
greenhill said:
That is the ruling. We have cleared the children's portion.Just adding the wives portion..

No it maters not how long they have been married. The 'rights' exist as soon as they get married.


eace:
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Respectfully, you gave the wrong ruling. If a man has one, two, three, or four wives.. the inheritance that goes to them is 1/4 (or if there are children 1/8). That is not 1/4 (or 1/8) each. That is 1/4 (or 1/8) to be divided between all of them, whether there are two, three, or four. Allah knows best.
 
Rule about inheritance is not rigid rule. With agreement of the heirs, the portion can be rearranged.
 
___ said:
Respectfully, you gave the wrong ruling. If a man has one, two, three, or four wives.. the inheritance that goes to them is 1/4 (or if there are children 1/8). That is not 1/4 (or 1/8) each. That is 1/4 (or 1/8) to be divided between all of them, whether there are two, three, or four. Allah knows best.
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Yes. You are correct.

Glad to clear that up. :shade:


eace: