Distribution of Inheritance and Ruling on Gift in the Case of Mohib
Source: Fatawa Rashidiyyah, Page 620Question
A person named Mohib passed away, leaving behind the following heirs:
◈ Wife: Sawan
◈ Two daughters: Singhar and Bhagh Bhari
◈ Granddaughter: Arab Khatoon
◈ Nephew: Din Muhammad
During his illness, Mohib gifted his land to his granddaughter Arab Khatoon and his nephew Din Muhammad. However, since the land was still in joint possession and Mohib retained control until his death, the matter requires clarification in light of the Shari‘ah.
Answer
Alhamdulillah, wa al-salatu wa al-salamu ‘ala Rasulillah, Amma ba‘d!
The Shar‘i principles dictate:
① From the estate of the deceased, funeral expenses are first deducted.
② If there are debts, they must be paid.
③ If there is a valid will, it will be executed from up to one-third of the estate.
④ The remaining estate (movable and immovable property) will then be distributed among the heirs according to Shar‘i inheritance rules.
Distribution of the Estate (Traditional “Anna–Paisa” System)
Total Estate of Mohib = 1 rupee
◈ Wife (Sawan): 2 annas (⅛ share)
◈ Two daughters (Singhar and Bhagh Bhari): 10 annas 8 paisa jointly (⅔ share)
◈ Granddaughter (Arab Khatoon): Excluded (محروم)
◈ Nephew (Din Muhammad): Excluded (محروم)
Remaining balance: 3 annas 4 paisa
This balance is redistributed to the daughters as residuaries (عصبات).
Thus:
◈ Each daughter (Singhar and Bhagh Bhari) receives a total of 10 annas 8 paisa.
Ruling on the Gift (Hibah)
Since possession of the land remained with Mohib until his death, the hibah in favor of Arab Khatoon and Din Muhammad is invalid. The property will be counted as part of the estate and divided among the rightful heirs.
Modern Decimal Calculation
Total estate = 100%
| Heir | Share (fraction) | Share (%) |
|---|---|---|
| Wife (Sawan) | 1/8 | 12.5% |
| Two daughters | 2/3 | 87.5% (43.75% each) |
| Granddaughter | – | 0% |
| Nephew | – | 0% |
Conclusion
- The wife receives 12.5%.
- The two daughters receive 87.5%, shared equally between them.
- The granddaughter (Arab Khatoon) and nephew (Din Muhammad) are not entitled to inheritance.
- The hibah is invalid since possession was not transferred during Mohib’s lifetime.
والله أعلم بالصواب
