Sharee'ah impediments to inheritance Fatwa No: 480385
- Fatwa Date:2-10-2023
AssalamualaikumMy divorcee and childless sister has left her money in my name.currently she is in vegetative state and I take care of her. I have an older brother who refused to help her financially and physically both.Am I obliged to share this money with my brother after her passing away.Kindly advise and pray for her ease
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
We ask Allah the Almighty to heal your sister.
If she passed away, then her wealth is divided among all her heirs according to the Sharee'ah division of inheritance, whether he was one who kept kinship ties with her or one who severed kinship ties with her, whether he helped her or did not help her, as negligence in the relationship of the inheritor during his life, and failure to fulfill his rights is not an impediment in Islamic law of inheritance. There are three impediments to inheritance: murder, slavery, and differences in religion. If these impediments are absent, depriving the heir just because he was negligent or severed kinship ties is not permissible. These sins are in the balance of his bad deeds, though. If Allah wills, He will punish him for them, and if Allah wills, He will forgive him, and Allah Almighty doesn't prevent him from inheriting because of them.
Allah knows best.