Fathwa, - He wrote a house in his second wife's name before his death

Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: (A son) Number 5 -Does the deceased have female
relatives who are entitledto inherit : (A daughter) Number 5 (A wife)
Number 1 - Additional information: Assalamu alaikum, My father did
second marraige after hisfirst wife died. From his first wife he had 3
sons and 3 daughters. and from second wife 2 sons and 2 daughters. Am
from second mother. When my father was alive he wrote house in my
mother name, in which we are staying. Now he is no more. My other
brothers(Sons of first mother) they are demanding share from my mother
from this house. How we have to divide the share. What precations to
be taken, please guide me.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
If the deceased did not leave any other heir except those mentioned in
the question, then his wife gets one-eighth of the inheritance as her
legal share due to the existence of direct heirs (children); Allaah
says (what means): { But if youleave a child, then for them [i.e. the
wives] is aneighth of what you leave,after any bequest you [may have]
made or debt. } [Quran 4:12]
The remainder will be divided amongst the sonsand daughters by
Ta'seeb(by virtue of having a paternal relation with the deceased and
not having an allotted share, so they get what is left after the
allotted shares have been distributed); the male twice the share of
the female as Allaah says (what means): { Allaah instructs you
concerning your children[i.e. their portions of inheritance]: for the
male, what is equal to the share of two females. }[Quran 4:11]
Therefore, the inheritance should be divided into 120 shares, the wife
gets one-eighth,which is 15 shares, each son gets 14 shares, and each
daughter gets 7 shares.
As regards the house whom the deceased had written in the name of his
wife, then if he had done so as a will that she takes after his death,
then this is a will for an heir and it is forbidden inIslam. This will
cannot be effective except after the consent of all the other heirs
for the Hadeeeth of Abu Umaamah Al-Baahili who said: " I heard
theMessenger of Allaah saying: ' Verily Allaah has given every
rightful person his right, so there is no bequest for an heir. ' This
was related by Ahmad , Abu Daawood , Ibn Maajah , and At-Tirmithi .
Ahmad and At-Tirmithi deemed it Hasan (good). Ibn Khuzaymah and Ibn
Al-Jaarood deemed it strong. Ad-Daaraqutni reported it from Ibn
'Abbaas but added at the end of it: ' Unless the heirs agree to this
'. Ibn Hajar considered its Isnaad (chain of narrators) to be Hasan.
Therefore, if your half-brothers from your father's former wife do not
agree to make this will effective, then they have the right to take
their share from the house and it is not permissible for your mother
to prevent them from their right.
On the other hand, if the deceased had written thehouse as a Hibah
(gift) to his wife, not as a will to be effective after his death,
then if he had gifted it to her during hisdeath sickness, then this
gift is not effective because the gift during death sickness takes the
same ruling of the will [i.e. not effective and forbidden]. Ibn
Al-Munthir said: " All the scholars whom I know their statements
agreed that the ruling of gifts during the illness in which the donor
died hasthe same ruling as the will; this is the view of Al-Madeeni,
Ash-Shaafi'i, and Al-Koofi. " Since it has the same ruling as a will,
then the previous explanation applies to it that it is not effective
except with the consent of the other heirs.
However, if the deceased had gifted the house to his wife while he was
in good health and he was not during an illness that might cause him
to die, then a man gifting the house where he lives to his wife is not
consideredan effective gift until he himself goes out of it
(thehouse), and takes all his belongings from it and she takes
possession of the house and disposes of it as if it was her own
property, so if he had notdone so and he lived in itwith her until he
died, then it becomes inheritance that should be divided among the
heirs like all his other wealth, and in this case the gift is
considered void as stated by some jurists.
Allaah Knows best.

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Many benefits of seeking forgiveness

Do you want to have peace of mind, reassurance, and joy?
You should ask for the forgiveness of Allaah The Almighty. Allaah The
Almighty Says (what means): } And [saying],"Seek Forgiveness of your
Lord and repent to Him, [and] He Will Let you enjoy a good provision {
[Quran 11: 3]
Do you want to have a strong body and be healthy; free of diseases and
disabilities? You should ask for the forgiveness of Allaah The
Almighty. Allaah The Almighty Says (what means): } AskForgiveness of
your Lord and then repent to Him. He will send [rain from] the sky
upon you in showers and Increase you in strength [added] to your
strength. { [Quran 11: 52]
Do you want to drive disasters and accidents away and be safe from
Fitnah (trials) and dilemma? You should ask for the forgiveness of
Allaah The Almighty. Allaah The Almighty Says (what means): } But
Allaah would not punish them while you, [O Muhammad], are among them,
and Allaah would not punish them while they seek forgiveness. { [Quran
8: 33]
Do you want rain in continuing showers, righteous children, lawful
money, and expanded sustenance? Then you should ask for the
forgiveness of Allaah The Almighty. Allaah The Almighty Says (what
means): } And said, 'Ask forgiveness of your Lord. Indeed, He Is ever
a Perpetual Forgiver. He will send [rain from] the sky upon you in
[continuing] showers. And give you increase inwealth and children and
provide for you gardens and provide for you rivers. { [Quran 71: 10-
12]
Do you want your sins to be forgiven, your rewards to be increased,
and your rank to be elevated? You should ask for the forgiveness of
Allaah The Almighty. Allaah The Almighty Says (what means): } And say,
'Relieve us of our burdens.' We will [then] forgive your sins for you,
and We will Increase the doers of good [in goodness and reward]." {
[Quran 2: 58]
Asking for forgiveness is the successful remedy for getting rid of
sins. This is why the Prophet, , ordered us to ask for the forgiveness
of Allaah The Almighty frequently. The Prophet, , said: "O people! Ask
for the forgiveness of Allaah and repent to Him as I ask for the
forgiveness of Allaah and repent to Him one hundred times a day."
Allaah The Almighty is satisfied with the one who asks for His
forgiveness as this person acknowledges his sin as if he says, "O
Allaah! I have made a mistake and I was negligent withYour rights as I
wronged myself and the devil tempted me and mysoul which is a
persistent enjoiner of evil betrayed me. I relied on Your mercy,
forgiveness,and forbearance. Now, I come to You while repenting and
regretting, so forgive me, removemy sins and mistakes as I do not have
any other Lord but You. O Allaah! Even if my sins are grave Your
Forgiveness is greater and more comprehensive ."- -e-p - ▓███▓
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How to improve your relationship with the Quran

It is recommended for every believing man and woman to recite the Book
of Allaah, the Noble Quran, often, with due contemplation and
understanding. This may be doneby using a copy of the Quran or from
one's memory. Allaah - the Most High – Says (what means): " [This is]
a blessed Book (the Quran) which We have revealed to you, [O Muhammad,
sallallaahualaihi wa sallam], that they mightreflect upon its verses
and that those of understanding would bereminded ." [Quran 38:29]
Are you one of those people who rarely touch the Quran? Or do youread
it daily, but don't find it is having the impact on you that it
should? Whatever the case may be, these are some simple tips that can
help you connect with the Quran.
1. Before you touch it, check your heart
The key to really benefiting from the Quran is to check your heart
first, before you even touch Allaah's book. Ask yourself, honestly,
why you are reading it. Is it to just get some informationand to let
it drift away from you later? Remember that the Prophet Muhammad was
described by his noble wife, 'Aa'ishah as a "walking Quran": in
other words, he didn't just read and recite the Quran, helived it.
2. Before you touch it, do your Wudhoo' (ablution)
Doing your Wudhoo' is good physical and mental preparation to remind
you that you are not reading just another book. You are about to
interact with Allaah, the Most Exalted, so being clean should be a
priority when communicating with Him.
3. Start with reading only five minutes everyday
Too often, we think that we should read the Noble Quran for at least
one whole hour. If you are not in the habit of reading regularly, this
is too much. Start off with just five minutes daily. If you took care
of step one, Insha Allaah (Allaah willing), you will notice that those
five minutes will become ten, then half an hour, then an hour, and
maybe even more!
4. Make sure that you understandwhat you have read
Five minutes of reading the Quranin Arabic is good, but you need
tounderstand what you are reading. If you are not Arabic, or you don't
understand the Arabic language, then make sure you have a good
translation of the Quran in the language you understand best. Always
try to read the translation of what you have read that day.
Regarding those who neglect theGlorious Quran by not reading or not
understanding it, Allaah Almighty Says (what means): " And the
Messenger has said, "O my Lord, indeed my people have taken this Quran
as [a thing] abandoned ." [Quran: 25: 30]
Allaah Almighty informs us aboutHis Prophet and Messenger, Muhammad
that he said: "My Lord my people have abandoned -acting or listening -
to the Quran"and that is because the idol-worshippers did not pay
attention nor listen to the Quran, as Allaah Says (what means): "And
those who disbelieve say, "Do not listen to this Quran and speak
noisily during [the recitation of] it that perhaps you will overcome."
[Quran 41:26]
5. Remember that the Noble Quran is far more interactive thana CD
In an age of "interactive" CD-ROMsand computer programs, a number of
people think books are passive and boring. But the Quran is not like
that. Remember that when you read the Glorious Quran, you are
interacting with Almighty Allaah. He Almighty is talking to you, so
pay attention.
6. Do not just read, you have to listen too
There are now many audio cassettes and CDs of the Quran, a number of
them with translations as well. This is great to put on your walkman
or your car's CD or stereo as you drive to and from work. Use this in
addition to your daily Quran reading, not as a replacement forit.
7. Make Du'aa' (supplication).
Ask Allaah, the Most Exalted, to guide you when you read the Quran.
Your aim is to sincerely, for the love of Allaah, interact with Him by
reading, understanding and applying His blessed words. Making Du'aa'
to
Allaah for help and guidance will be your best tool for doing this.
When you are making du'aa', you have a direct connection with Allaah
Almighty. So when you are saying your du'aa', you shouldn't be
distracted, but instead you should be fully concentrated. The Prophet
said:
" Make Du'aa' and be assured of itbeing answered, and know that
Allaah, the Exalted, does not answer a Du'aa' from a careless heart
which is not concentrating." ] At - Tirmithi [- -e-p - ▓███▓
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Alcohol drink blamed for oral cancer rise

Alcohol is largely to blame for an"alarming" rise in the rate of oral
cancers among men and women in their forties, say experts.
Numbers of cancers of the lip, mouth, tongue and throat in this age
group have risen by 26% in the past decade.
Alcohol consumption has doubled since the 1950s and is the most likely
culprit alongside smoking, says Cancer Research UK.
Each year in the UK around 1,800 people die from the disease.
There are 5,000 newly diagnosed cases per year.
Other risk factors that may be involved include a diet low in fruit
and vegetables, and the sexually transmitted human papillomavirus
(HPV), which also causes cervical cancer.
Figures produced by Cancer Research UK show that since the mid-1990s,
rates of oral cancers have gone up by 28% for men in their forties and
24% for women.
The charity's health information manager Hazel Nunn said: "These
latest figures are really alarming.
"Around three-quarters of oral cancers are thought to be causedby
smoking and drinking alcohol.
"Tobacco is, by far, the main risk factor for oral cancer, so it's
important that we keep encouraging people to give up and think about
new ways to stop people taking it up in the first place.
"But for people in their 40s, it seems that other factors are also
contributing to this jump in oral cancer rates.
"Alcohol consumption has doubled since the 1950s and the trend we are
now seeing is likely to be linked to Britain's continually rising
drinking levels."
The most common signs of the disease are ulcers, sores, or red or
white patches in the mouth that last longer than three weeks, together
with unexplained pain in the mouth orear.
Alcohol Concern chief executive Don Shenker said: "Many people are not
aware of the connection between alcohol and cancer, yet as this
research shows, it can be a major contributor or cause of the disease.
"While alcoholic liver disease remains the number one killer linked to
alcohol, more and morepeople are suffering from oral cancers - and
record drinking levels have undeniably played a part."
He said it was time to introduce tobacco-style health warnings onalcohol.
Source: BBC

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