Can Laws of Inheritance be Mutually Re-Negotiated? | Ask Shaykh YQ #67

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Yasir Qadhi

Yasir Qadhi

4 жыл бұрын

Yes, the division of wealth should be done in the specified portions in general, but what if all of the family members involved accept to divide it in another way?
Shaykh Yasir answers in this video!
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Пікірлер: 51
@Moment.Of.Thinking
@Moment.Of.Thinking 4 жыл бұрын
If you aim is to get a lot closer to Allah, I welcome you here my brothers and sisters. You can come.
@lunaanix2693
@lunaanix2693 4 жыл бұрын
Mashallah
@ibr.ch2196
@ibr.ch2196 4 жыл бұрын
JazakAllahou Khair
@salahudinminhaj2936
@salahudinminhaj2936 4 жыл бұрын
@RealGodsTruth it seems you come hear without reading the history of this greatest who have ever come to pass the best creature of Allah Christians monks who hated Islam so much could not deny his humility though they hated the message he was delivering even of today's Christians scholar have written positive things about him in their books
@sulaymanjaved688
@sulaymanjaved688 4 жыл бұрын
SubhanAllah, its usually the sisters(daughters) who get denied inheritance in indo-Pak with the assumption/justification that the men need to provide for their families and the women will be taken care of by their husbands so they are not in need of that wealth/inheritance. The poor women are socially conditioned to give up that islamic inheritance and later on in the spirit of not souring relations with their brothers just accept and forgive as opposed to demanding their right.
@yessinmellahi4602
@yessinmellahi4602 4 жыл бұрын
Great answer shaykh!
@harunaidris712
@harunaidris712 4 жыл бұрын
Salaam ustaz. Am equally waiting to see your lecture on the day of jugdement, new series pls. Jazakallahu khairan
@wasimcharity4all
@wasimcharity4all 4 жыл бұрын
JazakAllahkhair
@jiaulhuda1645
@jiaulhuda1645 4 жыл бұрын
Shaykh, waiting for "The day of judgement" series new episode...
@asifuzzaman924
@asifuzzaman924 4 жыл бұрын
how can i asak question??
@abdulahadahmad7493
@abdulahadahmad7493 4 жыл бұрын
How can we ask sheikh question?
@AsilKhalifa
@AsilKhalifa 4 жыл бұрын
How do I ask a question to shaik yasir qadhi
@tarana9329
@tarana9329 4 жыл бұрын
I found the bit about them being able to break the promise confusing.Does it mean they can change their minds while their father still lives or at any time, even after he dies?
@ArdoBlueMoon
@ArdoBlueMoon 4 жыл бұрын
If they break their promise, this is a sin, as is giving their sister and her children hope, and they have to expiate for it by feeding the poor etc. However, they can't be compelled to give up their share.
@The_Artistic_Arena12
@The_Artistic_Arena12 4 жыл бұрын
Which imam do you follow i mean which thought of school? Hanafi,shafai,maliki or humbali ?
@ADQChannel
@ADQChannel 4 жыл бұрын
Watch his other lectures. He has given the answer. Hanbali.
@AhmedKhan-bs2iq
@AhmedKhan-bs2iq 4 жыл бұрын
I need to aske a question, don't know correct place to ask. My grandfather have given a house to my father bcoz he was struggling with money. & grandfather have consulted this matter with other sons and daughters and they agreed. bear in mind that my uncle and aunty have got share in other properties. And in the life time of my grandfather the property have transferred to grandsons, to us, becoz my father died. Now my grandfather passed away as well. Been 8 yrs, now one of my uncle said, i want my share back,which they have gifted to my father. Are they right in doing so? Are we bound to return that share, which they have gifted us? Please help
@li-ion2543
@li-ion2543 4 жыл бұрын
u were gifted it. now it is yours. they are trying to steal property. get imam and lawyer and be safe, if he threatens even slightly, file police report as i see a lot of serious crimes that result from such cases in south east asian countries.
@anvarfou
@anvarfou Жыл бұрын
Which is gifted at grandfarhers life time. Now it is yours.
@penegakkeadilanpembasmikej5022
@penegakkeadilanpembasmikej5022 4 жыл бұрын
Thank you for clearing that up Can I ask you something about iftar I have fasting through hot day in Ramadan ,so when time to break my fast ,I reach for the water first and then I eat date My mother said I don't do the sunnah because I must eat date first than drink water , it's that true ?
@RoseCroga35
@RoseCroga35 3 жыл бұрын
As salaam Since no one answered, I'll for the sake of helping but others, please correct me if I'm wrong. Your mom was right, eating dates (or fresh fruits if you dont hv dates - all these for your own physical benefit actually) is a sunnah. Since it's a sunnah, you just lose the merit for not doing it, but your fasting is valid iA.
@edinibric2378
@edinibric2378 2 жыл бұрын
"The Prophet Muhammad used to break his fast with dates and if there were no dates he would break his fast with a few sips of water," This is what I found online and I am pretty sure I read this in a book as well
@nieves8160
@nieves8160 4 жыл бұрын
Debate Jay Dyer
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
I am distressed by what appears to be the muddying of the waters of inheritance. It is very simple for me. You have to follow the laws of inheritance. You cannot extract a promise from a rightful heir to give up their inheritance. You have to give them their inheritance but what they do with it afterwards is their prerogative. If they want to gift it to someone else, then it will be a gift from themselves to that person. The deceased should not make it their business.
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
Inheritance is not solely about things. It is a honour bestowed on the heir by الله سبحانه وتعالى. Nobody has the right to diminish that honour. So inheritance must be given as الله سبحانه وتعالى has prescribed. Irrespective of whether one heir is disparitively wealthier than the other.
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
There is however a non-problem when it the law of the land or a pre existing condition. For example when a couple is married in community of property. Half of the 'estate' actually is not part of the estate, it is the legal property of the surviving spouse. And as such, it has to be subtracted from the inheritance amount before the division. Any legally binding transactions that the deceased exercised in their lifetime has to take precedence. I would however be cautious about wilfully trying to circumvent the will of الله سبحانه وتعالى Philosophically I would like to leave this world in peace. The wealth that I have been a steward of in my lifetime ultimately belongs to الله سبحانه وتعالى and as such is not mine to re/distribute. I prefer it if my cold dead hand was not reaching out of the grave still clawing onto possessions and trying to dictate matters of the living.
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
@Sofia X If the dying man was worried about the care of his daughter he should make sure that he settled money on her in his lifetime or he could leave her up to a third of his estate.He could also ask her brothers to take care of her after he had passed on. This would be a duty for them anyway if she had no one else to care for her. What the dying man cannot do is reappropriate the inheritance of any other heirs, because الله سبحانه وتعالى has already given it to them.
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
@Sofia X They cannot pass on their inheritance. It was a gift and a command from Allah. They can do with it what they want after they got it. They can give it to their sister then. But you don't pass up on even a mere suggestion never mind a command from الله سبحانه وتعالى. It is ill mannered and ill advised.
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
@Sofia X I want to make it perfectly clear that I am not challenging the wisdom and knowledge of Sheikh Yasir. I admire him greatly. He has an immense amount of energy and knowledge and he speaks truth to power in a clear voice. I had felt after watching the Q&A, that perhaps he had not been clear enough in explaining the philosophy of inheritance. And it appears that I was justified in this belief considering this cross examination to which I am currently subjected. Muslims submit to the will of their Lord and Creator. We cannot afford to make the same mistakes as Iblis.
@rizwandaudi1904
@rizwandaudi1904 4 жыл бұрын
Following on, many parents distribute their estate in their lifetime, is this permitted?
@cyrtanthuselatus3686
@cyrtanthuselatus3686 4 жыл бұрын
Distribution of assets in a person's lifetime does not form part of the estate. Inheritance of a deceased estate only happens after death. So whatever gifts they give or business transactions they perform in their lifetime cannot be regarded as inheritance
@hedjarahrande8972
@hedjarahrande8972 4 жыл бұрын
AsSALAAMO 'Alaykom warRAHMATOLLAAHI Wa BarakatoHO.. Al Shiekh, please enlighten me regarding this query... In the Islamic Shari'ah, Is it permissible to a non-Muslim wife to take part in an inheritance from the husbands' wealth who died an intestate .
@soxnasi1234
@soxnasi1234 3 ай бұрын
Salam aleykum. For those us who live in lands where there are minimum shares guaranteed equally to sons and daughters (france), every one paying taxes on his share, what can we do? Technically the sister can just accept and make a donation to his brothers (paying taxes again). May be should we sell our estate
@masbaur
@masbaur 3 жыл бұрын
My mother has the property and she wants to give her all children equal amount. By the way we are three brothers and sisters. My question is can she give it to equal amount to everyone? According to Islam it's 2 ratio 1 2 for son and one for daughter. For doing this is she going to be accountable on the final judgment day? Please answer it. Thanks in advance.
@24xv555
@24xv555 Жыл бұрын
💙
@shahriarmorshed6010
@shahriarmorshed6010 4 жыл бұрын
What about the Hadith that says a person should not gift more than one-third of his/her property and the remaining two/thirds should be distributed among the family/inheritors?
@ArdoBlueMoon
@ArdoBlueMoon 4 жыл бұрын
I think that would apply to the father. He can give 1/3 to anyone he wants, the remaining 2/3 must be shared with the family/his children.
@justiceforall2672
@justiceforall2672 3 жыл бұрын
​@@ArdoBlueMoon The deceased has the right to mention in his will to take a maximum of 1/3 and distribute to non-heirs. This 1/3 cannot be given to legal heirs mentioned in the Qur'an: An Nisa' 11, 12 176. If he does not take the maximum of 1/3 (for example), he forfeits it and the entire 100% will be distributed to the heirs. Dr. Qadhi has not stated the solution clearly. He repeated three times that no one changes what Allah has ordained. However, he should state that (a) Whatever someone gives in is life time is considered a gift and it has nothing to do with an inheritance after death; (b) Deciding the inheritance shares in life has no meaning because the shares from the wealth are not in the possession of heirs. After death the shares will be distributed according to the Islamic law of inheritance; (d) the heirs, after receiving their share of inheritance after the death of the testator, can do with their share whoever they like. Deciding before death means everyone will start to divide their wealth in their lifetime any way they like. Then we have no need of the command in 4:11, 12, 176 which will become useless (astaghfirullah).
@izzamind
@izzamind 4 жыл бұрын
For me yes if there is common agreement and will of testament.
@greengalaxy8873
@greengalaxy8873 4 жыл бұрын
You are absolutely right. The inheritance rules kick in only in the absence of will of testament.
@justiceforall2672
@justiceforall2672 4 жыл бұрын
I have great respect of Dr. Qadhi. However, on this topic of Islamic law he has given his personal opinion. The example he quoted on Mahr to wife is only applicable in the lifetime of both parties, i.e., both husband and wife are living. Whereas the Inheritance law is Islam comes into play only after the death of a Muslim. A Muslim and his relatives cannot decide against the distribution of shares mentioned in Surah al-Nisa' verses 11, 12, and 176. No Muslim is allowed to change or give his/her share in his Will against the Allah's command. After the death of a Muslim, distribution of the deceased's wealth takes place according to what Allah has ordained. However, a legitimate heir upon receiving his/her share give it to anyone, whether relatives, or non-relative. or even non-Muslims. I and an attorney have conducted seven years intensive research on Inheritance laws according to Islamic and state laws, which is published in our book: Inheritance Laws And The Islamic Will. The book is only available from the author at: Islamic_Will_Book@yahoo.com.
@The_Artistic_Arena12
@The_Artistic_Arena12 4 жыл бұрын
According to which fiqh ?
@MostafaMansoori
@MostafaMansoori 4 жыл бұрын
I had a question, can the Angels see Allah?
@adbtqi
@adbtqi 4 жыл бұрын
But first they should divide the inheritance as per islam. After the division , the inheritors can freely decide to gift their share. This is better way instead of deciding to give before receiving inheritance as there maybe blackmailing, indirect pressure etc
@kishwarrehman1746
@kishwarrehman1746 2 жыл бұрын
But pakistani culture sisters can't ask their inheritance from their brother
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