Fatwa :-> Do their daughters havea share of the inheritance if they have no need of it?

3 Years before my father Expired, He left a house without saying to
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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Fatwa :-> Is it permissible to give the ‘aqeeqah of his son to his sister for her wedding party?

Can I give the animals to be slaughtered for my son's 'aqeeqah, with
the intention of doing the 'aqeeqah, to my sister for her to slaughter
them for her wedding party?.
Praise be to Allaah.
The aim behind the 'aqeeqah is to shed blood for the newborn, because
every newborn is held in pledge for his 'aqeeqah.
There is no report in the Sunnah about dividing the meat of the
'aqeeqah, because the primary aim of the Lawgiver is the sacrifice;
this is why a great deal of attention was paid to it and it was
strongly encouraged. This is the apparent meaning of the words of the
Prophet (blessings and peace of Allah be upon him), "Every child is in
pledge for his 'aqeeqah which should be sacrificedfor him on the
seventh day." Narrated by Abu Dawood, 2838; classed as saheeh by
Shaykh al-Albaani in Saheeh Abi Dawood.
Ibn Abi Shaybah (8/53) narrated from Ibn Sireen that he used to say:
"Do with the meat of the 'aqeeqah whatever you want."
Ibn Qudaamah (may Allahhave mercy on him) said:
Ahmad was asked about it and he quoted the words of Ibn Sireen. This
indicates that he followedthat view. He was asked whether one could
eat it all and he said: I did not say he should eat it all and not
give anything of it in charity. End quote.
Al-Mughni, 9/366
If he wishes he may eat it all, or if he wishes he mayshare it all out
among thepoor and needy, or if he wishes he may eat some and
distribute some. End quote.
www. ahlalhadeeth.com
If the father of the child slaughters the 'aqeeqah then gives it all
to his sister for her wedding, there is nothing wrong with that, so
long as he himself does the slaughtering first, or it is done by
someone appointed by him to do it on his behalf with the intention of
doing the 'aqeeqah. If he slaughters it with this intention, thenhe
has done what is Sunnah, and after that he can do whatever he wants
with the meat; he can give it all, or some of it, to his sister for
her wedding, although it is preferable for him to eat some of it and
give some away and give some in charity.
But if he gives the two sheep to his sister for her to slaughter them
on the day of her wedding, then he will not be fulfilling the Sunnah
of 'aqeeqah thereby.
And Allah knows best.

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1a] Zakat ul-Fitr

1a]
Its Recipients
The recipients of Zakat-ul-Fitr are the same as the recipients of the
general Zakat, except that the poorand the needy have more right to it
than the other people who have a share in it. This is based upon the
Prophet's statement:
Keep them from having to beg on this day. (Al-Bayhaqi and its chain of
narration is weak)
Therefore, it is not given toother than the poor, unlessthere are no
poor people or their poverty is light (i.e.not severe) or the need of
others besides them, who have a share in it, has become severe.
Important Notes:
1. It is permissible for a wealthy woman to pay her Zakah to her
husband, who is poor, however the opposite is not permissible. This is
because the maintenance of the woman is obligatory upon the man and
the maintenance of the man is not obligatory upon the woman.
2. Zakat-ul-Fitr is not required from one who does not possess a day's
worth of food, as Allah does not burden a soul except with what it can
bear.
3. Whoever possesses morethan a day's worth of food and he gives it
(as his Zakat-ul-Fitr), this willsuffice him. This is due toAllah's
statement: So fearAllah as much as you are able. (64:16)
4. It is permissible to give the charity of an individual to a number
of people, distributing it among them, and it is permissible to give
the charity of a number of individuals to one individual, as the
giving of charity is mentioned in the Shari'ah in unrestricted terms.
5. The Zakat-ul-Fitr is obligatory upon the Muslim in the land in
which he resides.
6. It is not permissible to transfer Zakat-ul-Fitr from one land to
another, except if there is a pressing need. Its Situation is the same
as Zakah.
Footnotes
1. The remainder of it states: "So whoever gives it before the prayer
(Salat-ul-'Eid), then it is an accepted Zakah, and whoever gives it
after the prayer ( Salat-ul-'Eid) , then it is charity (Sadaqah) from
the charities."
2. The meaning of Ta'am is millet or corn./

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1] Zakat ul-Fitr

1]
By Shaykh Abu Bakr Jabir al-Jaza'iry
From the Book Minhaj al-MuslimVolume 2, published by Dar-us-Salam publications
~
Its Ruling:->
-
Zakat-ul-Fitr is a Sunnah that is obligatory upon every individual
Muslim. This is due to Ibn 'Umar's statement, may Allah be pleased
with him:
"The Messenger of Allah made Zakat-ul-Fitr obligatory during Ramadhan
as one Sa' of dried dates or one Sa' of barley upon the slave and the
free man, the male andthe female, and the young and the old of the
Muslims." (Al-Bukhari and Muslim)
Its Wisdom
From the wisdom of Zakat-ul-Fitr is that it purifies thefasting soul
from the effects of useless, non-beneficial speech (or acts) and
obscene speech (or behavior). Likewise, it keeps the poor and needy
people from having to begon the day of 'Eid.
Ibn 'Abbas, may Allah be pleased with him, said: "The Messenger of
Allah made Zakat-ul-Fitr obligatory as a purificationfor the fasting
person fromuseless, non-beneficial speech (or acts) and obscene speech
(or behavior), and as a means of feeding the poor." (Abu Dawud and Ibn
Majah, andit was graded Sahih by Al-Hakim). [1]
The Prophet saws also said:
Keep them (the poor) fromhaving to beg on this day. (Al-Bayhaqi - and
its chain of narration is weak)
The Amount and Type of Food
The amount of Zakat-ul-Fitr is a Sa' and a Sa' is four Amdad (cupped
handfuls). It is given from the usual staple foods of the people of
the land, whether it is wheat, or barley, or dried dates, or rice, or
raisins or cheese. This is due to the statement of Abu Sa'id (may
Allah be pleased withhim):
"When the Messenger of Allah was among us, we used to give
Zakat-ul-Fitr on behalf of every person, young and old, free or owned
(i.e. a slave), as a Sa' of Ta'am, [2]or a Sa' of cheese (dried milk)
or a Sa'of barley or a Sa' of dried dates, or a Sa' of raisins."
(Al-Bukhari and Muslim)
It is Only given from items of Food
It is obligatory that Zakat-ul-Fitr be given from the types of food.
Money should not be given in place of it, except if there is a
pressing need to do so.This is because it is not confirmed that the
Prophet gave money for it in place of food. It has not even been
reported from the Companions that they gave money (for Zakat-ul-Fitr).
Its Time
Zakat-ul-Fitr becomes obligatory with the coming of the night of the
'Eid (i.e. the night before the 1st of Shawwal). It is to be paid a
day or two before the day of the 'Eid, as Ibn 'Umar used to do, and
the time of giving generosity, which is from the time Fajr comes in on
the day of the 'Eid until just before the prayer (Salat-ul-'Eid). This
is due to the Prophet's saws command that Zakat-ul-Fitr be given
before the people come out to the prayer. Ibn 'Abbas, may Allah be
pleased with him, said:
"The Messenger of Allah made Zakat-ul-Fitr obligatory as a
purificationfor the fasting person fromuseless, non-beneficial speech
(or acts) and obscene speech (or behavior), and as a means of feeding
the poor. So whoever gives it before the prayer (Salat-ul-'Eid), then
it is an accepted Zakah, and whoever gives it after the prayer
(Salat-ul-'Eid), then it is a form of charity (Sadaqah)." (It has been
mentioned previously.)
The time of making it up (i.e. paying it late) is after the 'Eid
prayer and anytime thereafter. Zakat-ul-Fitr may be given during this
time (followingthe prayer) and it is acceptable, however it is
disliked (to give it late). ...

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