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Subject : A legacy to an Heir is not Allowable unless the other Heirs are Agreeable

Fatwa Number : 574

Date : 28-03-2010

Classified : "Wills and Obligations"in Inheritance

Fatwa Type : Search Fatawaa

Question :

Before his passing away, my father bequeathed a house to me and I sold it. Is the money mine alone or should it be divided amongst all the heirs? This is knowing that my father has registered houses in the names of my brothers.

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

A legacy to an heir is not allowable unless the other adult heirs are agreeable since the Prophet (PBUH) said: “A legacy to an heir is not allowable unless the other heirs are agreeable.” {Related by Dar Qhotni & al-Baihaqhi}.

However, if some of the heirs are agreeable while others aren`t, then the legacy is allowed in the share of the agreeable while other shares must be divided according to Islamic Law.  The wife gets an eighth and the rest goes to the children where a male gets a portion equal to that of two females. And Allah The Almighty Knows Best.



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