MUSLIM DEATH DUTIES AND WHO CAN INHERIT FROM A MUSLIM? 4: 11

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Excerpt from the tafseer of ayah 11 (part of it) Surah Nisa from Farhathashmi.com

يُوصِيكُمُ اللَّـهُ فِي أَوْلَادِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِ ۚ فَإِن كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ ۖ وَإِن كَانَتْ وَاحِدَةً فَلَهَا النِّصْفُ ۚ وَلِأَبَوَيْهِ لِكُلِّ وَاحِدٍ مِّنْهُمَا السُّدُسُ مِمَّا تَرَكَ إِن كَانَ لَهُ وَلَدٌ ۚ فَإِن لَّمْ يَكُن لَّهُ وَلَدٌ وَوَرِثَهُ أَبَوَاهُ فَلِأُمِّهِ الثُّلُثُ ۚ فَإِن كَانَ لَهُ إِخْوَةٌ فَلِأُمِّهِ السُّدُسُ ۚ مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ ۗ آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لَا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا ۚ فَرِيضَةً مِّنَ اللَّـهِ ۗ إِنَّ اللَّـهَ كَانَ عَلِيمًا حَكِيمًا﴿١١

[4:11] Yusuf Ali

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 (‘s) 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, Al-wise.

WHAT MAKES THE PERSON ELIGIBLE FOR INHERITANCE

1. NASAB (family related by blood /blood relatives)

2. NIKAH (MARRIAGE) only if the person is in an existing marriage will inherit of if a woman is in iddat or if the divorce is revocable.

3. AL Wala: This is the relationship between a master and a slave. If the slave dies and has no relatives and his master frees him, his money goes to the ex master. The freed slave is known by the name of his master (mawla of so and so)

THINGS THAT PREVENT INHERITANCE

  1. AL KUFR: if a person is a disbeliever and even if they belong to one of the three categories they do not inherit,
  2. A non- believer does not inherit from the Muslim (Hadith Bukhari)
  3. MURDER: The killer cannot inherit from the one he murdered.
  4. The Slave does not inherit from his master
  5. An illegitimate child does not inherit
  6. A stillborn does not inherit nor is he inherited from.
  7. If the child takes a breath and then dies, he or she will inherit and will be inherited from

DUTIES OF THE EXECUTOR OF THE WILL FOR THE PERSON WHO DIES:

  1. Pay funeral expenses

Pay off debts (owed to people, mahr, rent, loan)

Debt to Allah (zakat)

Fasting (Heirs have to fast for his father/mother or give fidya)

Hajj if it was fard and intended to be done but could not then before the estate is distributed; someone has to be given expenses  for doing Hajj e Badl

III Execution of wasiya

IV Distribution of the remaining estate

end this section of tafseer.

To read the 10 Burial traditions for muslims CLICK HERE…..

Funeral procession in Bangla desh photo courtesy: http://www.uncorneredmarket.com/photos/picture/5902560777/

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