Are parents allowed to deprive the son from the inheritance

I am the oldest male sibling in my family and I possess my own house without any debts. My parents are still alive and live in their own house (debt free) along with my brother and sister. I also have a few other brothers who each live independently with their own families.

The situation has arisen where by my parents have asked for contributions towards the maintenance of THIER house from each of their children. I am unable to fulfil this as my own house is seriously in need of repair and I just have not got the funds to undertake this project. I would like to add that when I used to live with my parents, my wages was given in full to my parents for the total upkeep of the house whilst my brothers used to only give a very small contribution of their wages. Furthermore, my mother in particular always approaches me for the largest contributions to any project and in the past, I have always acquired without any complaints. I feel that it has just got to a stage where I am seen to be the family piggy-bank.

Because I had declined the offer to help out, my parents had unequivocally stated that because I had not contributed towards the maintenance of the house, that amount of money will be subtracted from the "miras" (after my parents have died).

In the name of Allah, Most Gracious, Most Merciful

Answer

The responsibility of the children to financially support their parents is based on two conditions

1)    One is financially in a position to do so.

2)    Ones parents are poor, even if they are capable of earning themselves. (Hidayah p.445 v.2)

Regarding your situation, if you are financially unable to support your parents for the reconstruction of their house, then you will not be considered blameworthy and nor sinful in the eyes of Allah.

Finally, your parents would not be allowed to subtract your share from the inheritance of the house. Inheritance is the order of Allah (SWA) and it is Allah (SWA) commands which comes into effect at the time of the deceased’s death and not their unlawful wishes.

To deprive someone of his or her share of the inheritance is a grave sin and one will be punished in the hereafter.

In a hadith the Prophet of Allah Sallallahu Alahi Wasalam had said, “If anyone flees (plans devises to avoid the payment of) the inheritance, Allah will forfeit his inheritance of paradise on the Day of Judgement.” (Sunan Ibn Majah)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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