Fatwa ID: 05693
Answered by: Maulana Syed Johir Miah
Question:
I have a house that is not paid off, how will they distribute in both either by selling it or either by keeping it. If one of the brothers wants to keep the house, then how are they going to distribute it, and will it be distributed? I have 2 sons and one daughter.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Primarily, the wealth of the deceased will be spent on the funeral and burial costs. Whatever remains will be spent on any outstanding debt if there is any. Anything surplus to that would be divided according to the Islamic shares.
In the above-mentioned case, if you had left behind the house, after the burial cost and in case of a loan, any loans, and you are survived by two sons and a daughter, then the house shall be divided into 5 shares, out of the total, the brother shall get 2 shares each, as Allah (عز و جل) says in the Quran; يُوصِيكُمُ اللّهُ فِي أَوْلاَدِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِ
Allah enjoins you concerning (the heritage for) your children: to a male, a portion equal to that of two females; ( Surah Nisa, Verse 11).
While 1 share shall go to the sister[1].
In case the sister on the request of the brother is ready to take the cash equal to her share instead of the share in the house and they fix some date for the payment with mutual understanding then it is right to proceed.
It shall be enough to pay the settled price within the deadline and there is no need to pay an extra amount and likewise vice versa.
If any of the brothers on the request of the other brother and sister are ready to take the cash equal to his share instead of the share in the house and they fix some date for the payment with mutual understanding then it is right to proceed.
Only Allah knows best.
Written by Maulana Syed Johir Miah
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1]«، وكانَ عَبْدُ اللَّهِ» يُعْطِي الأُخْتَ مِنَ الأبِ والأُمِّ النِّصْفَ
Musannaf Ibn Abi Shaybah, Hadith 31258, 265/6, Al-Maktabatur Rushd, Riyadh, Saudi Arabia, 1409 H.
فالنِّصْفُ فَرْضُ خَمْسَةٍ الِابْنَةُ
Al-Jawharatun Neeratu Ala MukhtasarilQuduri, 304/2, Al- Matbaatul Khayriyyha, 1322 H.
