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Fatwa CenterDepriving an alcoholic son from his share of inheritance
Question
My eldest brother currently is an alchohlic due to which his first marriage failed and his wife after developing some issues over years left for her home with two children(without talaq or khula) later on he insisted for second marriage and my parents knelt before his insistence, he was married to a lady from poor background thinking she might cope better..relationship continued for more than 5 years..gave birth to two children and then suddenly 1st wife came and my brother left the second wife(wihout divorcing) and went back to his earlier wife meanwhile he continued with his drink. Years after my mother died, my father fell ill and he could feel the trauma his 2nd daughter-in-law would have to undergo (because she was from a very poor family...thus raising two children was always going to be a challenge...and his eldest son repeatedly refused to bear his responsibilities toward his second wife and children from her).so before he closed his eyes forever in the last month was of the view that out of total property 40% was for 5 daughters and 60% for his 2 sons but instead of writing those properties in the name of his elder son it should be written 15% each in the favour of his two wives so that despite his son's inability, his daughter-in-law could raise their children properly. As soon as my father died, my elder brother popped in for his share of 30%. Now, we are in dilemma as how to appoach the situation because if we will delay or try to distribute as per my father's will then he is threatning to go to the court and this will aggravate the situation since my youngest sister is still unmarried and i myself a student will be in tight waters to arrange for her marriage and if this issue goes into court then selling any of the properties to arrange for marriage won't be possible (it takes years to get a matter solved in Indian courts)...and if we give him 30% then who'll take care of his scond family when we know that we are hading money to a drunkard.pls rply soon
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, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
reported that the Prophet, sallallaahu ‘alayhi wa sallam, said in his sermon during the Farewell Hajj: “Allaah has allocated for each heir his share of the inheritance, so there is no will in favor of an heir.” [Ahmad, Abu Daawood and Ibn Maajah]
Hence, it is incumbent on you to divide the estate among the eligible heirs according to the Islamic Sharee'ah. It is impermissible for you to deny your brother his due share in his father’s estate because that would be unjust. The fact that he is an alcoholic is not a valid reason for depriving him of his share. You are not responsible if he decided to spend his wealth on drinking. However, you are obliged to advise him, remind him of Allaah and ask him to repent from drinking and from his failure to fulfill the rights of his two wives and children. Verily, the husband is enjoined to live with his wife in kindness or to divorce her peacefully. It is impermissible for the husband to keep his wife in a hanging state like that, having no relations with her without divorcing her. Moreover, he is obliged to provide for his wife and children. The Prophet, sallallaahu ‘alayhi wa sallam, said: “It is sufficient sin for a man to neglect his own dependents.” [Abu Daawood]
Finally, we would like to draw your attention to the following points:
· The deceased’s daughter-in-law is not among the eligible heirs entitled to inherit; she is not entitled to any share of the estate.
· In case of dispute, the case should be referred to the concerned authorities responsible for handling the disputes among the Muslims. It is impermissible to refer the case to a civil court without a necessity.
· Good relations within the family and among relatives should be maintained and anything that may lead to the severing of the ties of kinship should be avoided because this incurs the wrath of Allaah Almighty.
Allaah Knows best.
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