whom that house belongs too. we are 3 brothers and 5 sisters. All 5
sisters are married and alhamduillahwellset, only 1 brother is
unmarried.
Now we are selling the house. Should we distribute(taqseem)the house
money in sisters also (as they all are married and well set). what are
the rules as per shariah ?.
Praise be to Allaah.
Firstly:
What is required with regard to dividing the inheritance is to give
eachperson who is entitled to a share his due share. There is no
differentiationbetween rich and poor, male and female; each individual
should take theshare that Allah has allocated to him.
It was narrated that Abu Umaamah (may Allah be pleased with him) said:
I heard the Messenger of Allah (blessings and peaceof Allah be upon
him) say:"Allah has granted each one who is entitled to a share his
due share, and there is no bequest to an heir."
Narrated by Abu Dawood (2870); classed as saheeh by al-Albaani in
Saheeh Abi Dawood
This is a confirmation of the words of Allah (interpretation of the meaning):
"Allah commands you as regards your children's (inheritance); to the
male, a portion equal to that of two females; if (there are)only
daughters, two or more, their share is two thirds of the inheritance;
if only one, her share is half"
[an-Nisa' 4:11].
Then Allah warns those who go against His division of the
inheritanceand tamper with it, as He says (interpretation of
themeaning):
"And whosoever disobeys Allah and His Messenger (Muhammad SAW), and
transgresses His limits, He will cast him into the Fire, to abide
therein; and he shall have a disgraceful torment"
[an-Nisa' 4:14].
Shaykh Ibn Baaz (may Allah have mercy on him) said: It is not
permissible for anyone to deprive a woman of her inheritanceor to use
tricks to do so because Allah, may He be glorified, has allocated a
share of inheritance to herin His holy Book and in the Sunnah of His
Messenger (blessings and peace of Allah be upon him). And the Muslim
scholars are unanimously agreed on that. Allah, mayHe be exalted, says
(interpretation of the meaning):
"Allah commands you as regards your childrens (inheritance); to the
male, a portion equal to that of two females; if (there are)only
daughters, two or more, their share is two thirds of the inheritance;
if only one, her share is half. For parents, a sixth share of
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…"
[an-Nisa' 4:11].
What all Muslims must do is act in accordance with the laws of Allah
with regard to inheritance and other matters, and beware of that which
is contrary to that; they should denounce anyone who denies the laws
of Allah or uses tricks to go against them and deprive women of
inheritance or other acts that are contrary to sharee'ah.
These people who deprivewomen of inheritance or use tricks to do so,
in addition to going against sharee'ah and the consensus of the Muslim
scholars, are also following in the footsteps of the kuffaar by doing
ignorant deeds that deprive women of inheritance.
End quote from Majmoo' al-Fataawa, 20/221
If there is no other heir but you, then the estate be divided among
you, with each male getting the share of two females. So the estate
should be divided into eleven shares, because there are three males
whose sharesare equivalent to those of six females. Then each male
should take two shares and each female should take one share.
And Allah knows best.
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