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Tuesday, July 10, 2012

He died and left behind a wife, three sons and five daughters

My father died and left us 25 million riyals. He has a wife, three
sons and five daughters. How should the estate be divided?.
Praise be to Allaah.
If a man dies and leaves behind a wife, three sons and five daughters,
and the heirs are limited to these people, then his estate is to be
divided as follows:
The wife gets one eighth, because there are descendants of the
deceased. Allah, may He be exalted, says (interpretation of the
meaning):
"but if you leave a child, they [wives] get an eighthof that which you
leave after payment of legacies that you may have bequeathed or debts"
[an-Nisa' 4:12].
The male and female children get the rest, with each male getting the
share of two females, because Allah, may He be exalted, says
(interpretation of the meaning):
"Allah commands you as regards your children's (inheritance); to the
male, a portion equal to that of two females"
[an-Nisa' 4:11].
So the common denominator in this issue is eight. So the wife gets one
eighth, which is one share. The remaining seven shares cannot to
bedivided according to the number of children. The correct way is to
divide it into 88 shares, of which the wife gets 11, each male gets 14
and each female gets 7.
The wife's share = the estate × 11 ÷ 88
= 25,000,000 × 11 ÷ 88 = 3,125,000
The share of each male = the estate × 14 ÷ 88
= 25,000,000 × 14 ÷ 88 = 3,977,272.70
The share of each female= the estate × 7 ÷ 88
= 25,000,000 × 7 ÷ 88 = 1,988,636.30
And Allah knows best.

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Where Are the Answers?

"What am I going to do? Why is my life so messed up? Why can't I find
happiness? Why am I alone? Why do I feel stuck? Why do I have these
problems?'…
These questions only have meaning if we direct them to Allah. No one
else can answer them. Consider thewords of the Prophet Ya'qub
(alayhis-salam, peace be upon him) when his son Yusuf (as) was
secretly thrown into a wellby his brothers. They then reported to
their father that Yusuf had been killed by a wolf.
And he turned away from them and said, "Oh,my sorrow over Yusuf," and
his eyes became white from grief, and he fell into silent melancholy.
They said, "By Allah , youwill not cease remembering Yusuf untilyou
become fatally ill or become of those who perish."
He said, " I only complainof my suffering and my grief to Allah , and
I know from Allah that which you do not know.
- Quran, Surat Yusuf, 12:84-86
"I only complain of my suffering and my grief to Allah…"
When you feel stuck, whenyou feel that no one understands your
situation, when you're in pain and you can't even imagine a solution,
only Allah has the answers. Youcan't see a way forward, but He can.
You don't see your own worth, but He does. You can't figure out the
road to happiness, but He can show you.
I remember a night in Arizona when I was twenty six years old. I lay
on a cot in a small, frigid cell. There was snow outside and I had
only a thin blanket. As I often did,I put on all my clothing in layers
– three pants, three shirts, an army jacket and a pair of boots – and
still I kept waking up shivering and shaking. Yet, even more than the
physical discomfort, my spirit was tired. I had made mistakes in my
youth and had been locked up for almost five years. I had become hard
mentally and physically, but my heart was full of sorrow. I lay there
that night and I thought, "I have nothing in life. I haveaccomplished
nothing. I have no university degree, no wife, no children, and not
even my freedom."
That was a bad time. But I had my faith, and I used toweep to Allah,
asking Him to have mercy on me. I think I gave up on myself for a
while, but I never gave up on Allah. It would not even have occurred
to me to do so. I did cry to Him sometimes saying, "Why, Allah? Why?
Why am I here, suffering like this?" But it wasn't despair, only
confusion. In my heart I knew that He heard me and that an answer
would come.
Shortly after that I received a letter from the parole board granting
me early release. I had previously been told very clearly that I was
not eligible. It was entirely unexpected, and if you are familiar with
the Americanpenal system, miraculous. But for Allah, nothing is
impossible or even difficult.
Within a few months I wasfree. I found a job a week after my release,
and I excelled. I began writing, sitting at my desk every night after
work and disciplining myself to workon poetry, stories and articles.
Eventually I went back to school and began a new career, got married,
bought a beautiful house, and one day had a child…
What can I say except Alhamdulillah! SubhanAllah! What can I do except
weep in gratitude for these blessings that I did nothing to earn, but
were given to me by my Lord who loves me and cares about me, and wants
goodfor me. I am so deeply touched and moved by theway Allah has
answered my prayers from the depths of darkness. If I did anything to
merit His blessings, perhaps it was only that I directed my pleas to
Him. I knew that no one else could help me.
This is a very emotional post for me to write. I want every Muslim to
havethis sense of Allah as their friend, as someone who cares for them
deeply. I want to put that awareness into your heart like a gift.
When I was in that cell I used to pray the same dua'over and over,
begging Allah repeatedly. If I had made such pleas to a human being
they would have stopped hearing me long ago. When we're needy with
people it pushes them away, but when we're needy with Allah He comes
closer to us! He never tires of answering our need and forgiving us.
I know of many similar stories of people who havehit rock bottom and
have called upon Allah – or , noteven knowing "Allah" by that name,
have called to the Supreme Being, saying,"I know you hear me, tell me
what I need to do, show me the way!" – and then, like a circle of
sunlight piercing a cloud, something or someone comes into their lives
to show them the way forward.
When we're out of ideas, surrounded by problems, and feeling totally
alone… we're not alone . Allah is with us. If we pray sincerely and
strive, He willput light in our hearts and help us from directions
wedid not expect.

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poem Everything to Gain

I open to you like a door
on a spring morning.
Your voice is a sun song.
Your words are water and earth.
I hold your heart like a newborn.
I hang on
because I have everything to gain.

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Does she have to ask her husband who is travelling for permissionto travel with her family?

My sister is married having two children. Her husband is away from his
home living in another city with his parents for one month. It means
theirhouse is closed. During this absence she lives in my house with
my parents. We have houses in more than one city. We want to go with
my family to another city where is my house until her husband returned
back his home.
My question is, while my sister is living with us if suddenly we make
a program to go another city where my house is fora short period.
Did she require informing her husband and get permission?
Kindly request you to answer me according to shari'ah.
Praise be to Allaah.
The basic principle concerning a woman is that it is not permissible
for her to leave her husband's house without his permission. That is
part of obedience to her husband that her Lord hasenjoined upon her,
and part of her care and respect towards him, and part of treating one
another honourably.
That applies except in cases of necessity; she may go out if need be.
It says in Mataalib Ooli'n-Nuha (5/271): It is haraamfor the wife to
go out without her husband's permission or unnecessarily, such as
going to buy food if there is no one who can bring itto her. End
quote.
See also the answer to question no. 106150 .
As the husband is travelling and the wife (your sister) has her two
children with her, her being with you is better and safer for her. If
you travel and she goes with you, that is better for her than staying
on her own with her children in her husband's house with no one to
keep her company.So there is nothing wrongwith her travelling with you
without her husband's permission, unless he has told her not to
travel, in which case she should ask him for permission and not go out
without his permission, except in caseof necessity.
Ibn 'Uthaymeen (may Allah have mercy on him) was asked:
If a woman knows that her husband will allow her to go to her family
and relatives, is it permissible for her to go without his permission
in case of necessity?
He replied:
This depends on what sheknows of her husband's preference. In some
cases,the wife knows that the husband would give her permission to go
out to see her relatives in case ofnecessity, and in other cases the
wife knows thatthe husband does not want his wife to overstep the mark
with regard to what he has permitted. Soit depends on how the husband
is. But if he has told her not to go out for any need or reason other
than this specific purpose, then it is not permissible for her to go
out except for this specific purpose. End quote from Fataawa Noor 'ala
ad-Darb by Ibn 'Uthaymeen, 10/298
He was also asked:
What is the ruling on a woman who goes out without her husband's permission?
He replied:
If her husband is present it is not permissible for her to go out
except with his permission. If he is absent, she may go out solong as
he has not forbidden her to go out and said "Do not go out." If he has
told her not to go out, he has the right todo that. End quote.
Fataawa Noor 'ala ad-Darb by Ibn 'Uthaymeen, 10/298
And Allah knows best.

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