Dought & Clear, - If he dies and leaves behind a father, mother,Christian wife, and brothers and sisters bothfull- and half-siblings, who among them inherits from him?.

I am in the process of writting my last will and Ifound it challenging
due to a little complicated situation, I am explaining here within: I
am married to aChristian woman (she is not muslim but she is a
believer) our marriage was celebrated in the mosque. I have three
fullsisters all married, two half-sisters from my father side and 3
half-brother from my father side and my parents: father and mother. My
parents are divorced since 10 yeras ago, my father doesnt support my
Mom who lives alone in a home I bought for her, I take care of her
living and expense when she needs. I have no regular contact or news
from myhalf-brothers and half-sisters. I kept contact with my father
who remarried several times since. I would like to know what is the
prescribed portions of IRTH (inheritance) that apply for my heirs
should they inherit me after my departure.
Praise be to Allah.
Firstly:
Your saying that your Christian wife is not a Muslim but she is a
believer is a contradiction in terms and is not correct, because the
one who is a believer is a Muslim. Perhaps you mean that she believes
in the existence of God or that she believes in her religion. This and
similarmatters cannot be described as faith or Islam unless she
believes in the Messenger of AllahMuhammad (blessings and peace of
Allah be upon him) and she believes in all the Messengers of Allah.
The Christians are disbelievers and cannot be described as Muslims,
let alone believers. Allah,may He be exalted, says (interpretation of
the meaning):
"Surely, disbelievers are those who said: 'Allah is the third of the
three (in a Trinity)'"
[al-Maa'idah 5:73]
"And (remember) when Allah will say (on the Dayof Resurrection): 'O
'Eesa (Jesus), son of Maryam (Mary)! Did you say unto men: Worship me
and my mother as two gods besides Allah?' He will say: 'Glory be to
You! It was not for me to say what I had no right (to say)'"
[al-Maa'idah 5:116].
In Saheeh Muslim (153) itis narrated from Abu Hurayrah (may Allah be
pleased with him) from the Messenger of Allah (blessings and peace of
Allah be upon him) that he said: "By the One in Whose hand is the soul
of Muhammad, no one among this nation, Jew or Christian, hears of me
then dies not believing in that with which I was sent, but he will be
one of the people of the Fire."
Shaykh al-Islam (Ibn Taymiyah – may Allah have mercy on him) said:
The Jews and Christians are disbelievers in a sense that is clear, and
that is well established and well known in the religion of Islam.
End quote from Majmoo'al-Fataawa, 35/201
Secondly:
Inheritance refers to the living taking charge of the wealth of the
deceased because of tiesof blood or marriage.
The inheritance is not determined until after the death of the one
from whom the wealth is inherited, after which we may see who among
his heirs is entitled to take over his wealth thathe left behind,
according to the shares allocated by Allah.
We cannot at present specify who will inherit from you after you die,
because we do not know who will die first; perhaps you will inherit
from them or perhaps others will inherit from you.
But if we assume that you have left all of these people behind, then
your inheritance goes toyour father and your mother; and your wife and
brothers and sisters,whether they are full- orhalf-siblings, do not
get anything.
With regard to your wife, she does not inherit from you because she is
a non-Muslim; a non-Muslim cannot inherit from a Muslim and a Muslim
cannot inherit from a non-Muslim.
See the answer to question no. 26171
With regard to your brothers and sisters, none of them inherits
because the father is present.
Allah, may He be exalted,says (interpretation of the meaning):
"if no children, and the parents are the (only) heirs, the mother has
a third; if the deceased leftbrothers or (sisters), the mother has a
sixth. (The distribution in all cases is) after the payment of
legacies he may have bequeathed or debts"
[an-Nisa' 4:11].
Ibn Katheer (may Allah have mercy on him) said:
The third scenario with regard to parents is if parents are present
along with siblings, whether they are from both parents or from
thefather or from the mother. They do not inherit anything if the
father is present, but despite that they changethe share of the mother
from one third to one sixth. So if there are siblings, her share is
changed to one sixth. If there is no heir apart from her and the
father, the father gets the remainder (of the estate).
End quote from Tafseer Ibn Katheer, 2/199
Abu'l-Qaasim al-Khuraqi (may Allah have mercy on him) said: The
brother and sister, whether they are full siblings or through the
father only, do not inherit if there is a son or if there is a son's
son (grandson), no matter how far the line of descent extends, or if
there is a father.
Ibn Qudaamah (may Allah have mercy on him) said: The scholars are
unanimously agreed on this, praise be to Allah. That was mentioned by
Ibn al-Mundhir and others.
End quote from al-Mughni, 6/163
Based on that, the mother inherits one sixth and all the rest goes to
the father; none of the siblings or the wife inherits anything.
The siblings in this case block others and are blocked. They block the
mother in the sense that they reduce her share from one third to one
sixth, and they are blocked by the presence of the father, because
heis closer to the deceased than them. The Prophet (blessings and
peace of Allah be upon him) said: "Give the shares of inheritance to
those who are entitled to them, and whatever is left goes to the
closest male relative."
Narrated by al-Bukhaari,6732; Muslim, 1615
But you should understand that you have the right to bequeath part of
your wealth to those who willnot inherit from you, up to a limit of
one third of what you leave behind. So if your wife will not inherit
from you because she is Christian, and your siblings will not inherit
from you, because they are blocked, then if you wish you may bequeath
some of your wealth to whomever you want of these people, either to
all of them or some of them, so long as what you bequeath is not more
than one third of the entire estate that you leave behind. And if you
do not make a bequest, there is no sin on you; if you make a bequest
to some of themand not others, there is no sin on you either.
You have to honour yourfather and mother and treat them kindly, and
uphold ties with all of your siblings, males and females, full
siblings and otherwise, because that is what Allah has enjoined upon
you.
And Allah knows best. - - ▓███▓ Translator:->
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