Source: Fatāwā Rāshidiyyah, Page 642
What do the scholars of Dīn say regarding this issue:
Two real brothers, Hudāyat ʿAlī bin Muḥammad Ismāʿīl and Qāsim ʿAlī bin Muḥammad Ismāʿīl, had three sisters. Out of the three sisters, two passed away during the brothers’ lifetime. Later, Qāsim ʿAlī passed away, leaving behind one brother and one sister as heirs.
After Qāsim’s death, his sister did not demand her share from her brother Hudāyat ʿAlī, and then she too passed away. Later, Hudāyat ʿAlī also died. Among Hudāyat ʿAlī’s heirs, only one cousin, ʿAbd al-Laṭīf bin Ghulām Muṣṭafā, was alive, while his sisters were also present.
According to the Sharī‘ah of Muḥammad ﷺ, how should the shares be distributed?
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be remembered that in the estate of any deceased:
① Funeral and burial expenses are deducted first.
② Any debts are then repaid.
③ If a valid bequest was made, it is fulfilled from up to one-third (⅓) of the estate.
④ After these rights, whatever remains—movable or immovable—will be distributed among the heirs.
Total Estate of Qāsim ʿAlī = 8 āna
Heirs:
Since the sister did not claim her share and renounced her right, her portion also went to Hudāyat ʿAlī. Hence, Hudāyat ʿAlī became the sole heir.
Total Estate of Hudāyat ʿAlī = 1 Rupee
Heirs:
Because the Messenger of Allah ﷺ said:
((ألحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر))
"Give the prescribed shares to those entitled to them, and whatever remains should go to the nearest male relative."
Other cousins, such as Muḥammad Ibrāhīm and Ḥājī Riyāsat ʿAlī, had already died during the lifetime of Hudāyat ʿAlī, so they receive nothing. Likewise, their children also do not inherit.
Deceased: Muḥammad Ismāʿīl
Deceased: Qāsim ʿAlī
Deceased: Hudāyat ʿAlī
This is the correct distribution according to the Sharī‘ah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
What do the scholars of Dīn say regarding this issue:
Two real brothers, Hudāyat ʿAlī bin Muḥammad Ismāʿīl and Qāsim ʿAlī bin Muḥammad Ismāʿīl, had three sisters. Out of the three sisters, two passed away during the brothers’ lifetime. Later, Qāsim ʿAlī passed away, leaving behind one brother and one sister as heirs.
After Qāsim’s death, his sister did not demand her share from her brother Hudāyat ʿAlī, and then she too passed away. Later, Hudāyat ʿAlī also died. Among Hudāyat ʿAlī’s heirs, only one cousin, ʿAbd al-Laṭīf bin Ghulām Muṣṭafā, was alive, while his sisters were also present.
According to the Sharī‘ah of Muḥammad ﷺ, how should the shares be distributed?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be remembered that in the estate of any deceased:
① Funeral and burial expenses are deducted first.
② Any debts are then repaid.
③ If a valid bequest was made, it is fulfilled from up to one-third (⅓) of the estate.
④ After these rights, whatever remains—movable or immovable—will be distributed among the heirs.
Initial Division (Father Muḥammad Ismāʿīl’s estate)
- Both sons receive half each → 8 āna each.
After the Death of Qāsim ʿAlī
Total Estate of Qāsim ʿAlī = 8 āna
Heirs:
- Brother Hudāyat ʿAlī → 5 āna, 4 pāī
- Sister → 2 āna, 8 pāī
Since the sister did not claim her share and renounced her right, her portion also went to Hudāyat ʿAlī. Hence, Hudāyat ʿAlī became the sole heir.
After the Death of Hudāyat ʿAlī
Total Estate of Hudāyat ʿAlī = 1 Rupee
Heirs:
- Cousin ʿAbd al-Laṭīf bin Muḥammad Muṣṭafā → 1 Rupee (100%)
- Cousin sisters → Excluded
Because the Messenger of Allah ﷺ said:
((ألحقوا الفرائض بأهلها فما بقى فلأولى رجل ذكر))
"Give the prescribed shares to those entitled to them, and whatever remains should go to the nearest male relative."
Important Note
Other cousins, such as Muḥammad Ibrāhīm and Ḥājī Riyāsat ʿAlī, had already died during the lifetime of Hudāyat ʿAlī, so they receive nothing. Likewise, their children also do not inherit.
Modern Decimal Distribution
Deceased: Muḥammad Ismāʿīl
- Hudāyat ʿAlī (son) = 40%
- Qāsim ʿAlī (son) = 40%
- Daughter = 20%
Deceased: Qāsim ʿAlī
- Brother Hudāyat ʿAlī (ʿAṣabah) = 40%
- Sister (renounced her right) = 0%
Deceased: Hudāyat ʿAlī
- Cousin ʿAbd al-Laṭīf (ʿAṣabah) = 100%
- Female cousin = excluded
Conclusion
This is the correct distribution according to the Sharī‘ah of Muḥammad ﷺ.
ھذا ما عندی واللہ اعلم بالصواب
