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Distribution of Inheritance between my two sons.


Assalamu Alaykum.

I have two sons. My question is regarding inheritance. I have a business which has been running over 20 years now. My elder son has come in and taken over the business now for approximately 9 years. Me and my husband do not take a salary or any money from him or the business. He has taken responsibility of looking after us in all aspects Alhamdolliah I have no complaints. I also have a house. Which unfortunately I took on a bond. I wish to give both my sons a share in the house. The elder one the big (main) house. And I have 3 flats and a big yard at the back which I want to give my younger son. My elder son stays in the house and pays all the bills. I would like to highlight that he pays these bills from the business we gave him. My younger son works on his own and receives his own income. My elder son now feels he is entitled to everything because he pays for everything and my younger son should not inherit anything as he did not pay for the house. When the two boys were initially working on their own my husband and I didn’t ask any money or anything from them. It’s only since the elder son has taken over the business he feels my other son didn’t pay anything and therefore should not get anything. I always felt because the house with all its contents and one flat will go to my elder son. And the 2 flats and empty land at the back will go to my younger son. Could you please advice me if I am right or wrong in my way of wanting to part my things wit my children. I do not wish to take the business away from my son and he can continue to run it as he has a family too. I do not think it’s fair on my younger son . Please I need your help as this has already caused a lot of family problems. Jzk


Wa Alaykumussalam

Thank you for your question

The parents in their lives can distribute their wealth where ever they wish, either children, charity etc. You can distribute among your two sons while in your life and when(God forbid) you pass away, the wealth and the property will be distributed according to the Islamic Shar’iah. Therefore you can give your share or house to your younger son also, as everything belonged to you, even though your elder son has been looking after your business for the previous 9 years but this does not mean that your younger son should be deprived.

It would be better to distribute it. During a parent’s lifetime these things are happening what would happen if the parents(God forbid) are not alive.

You can make your elder son understand it from the Islamic point of view and logically. Tell him to see those who even don’t own a single house, he at least will be having your big house and will be running your business too, so what would happen if his younger brother gets the other house or backyard. There are many people in this world who do not even get shelter, many have become jobless in this pandemic so the elder son should be thankful to God(who has given you all this wealth) that you are having all these blessings.

Allah(swt) gives and tests people and the same way He sometimes takes and tests. So we should never forget Allah(swt)’s bounties which have been bestowing on us.

Anything which is gifted in the lifetime, will not be calculated in the inheritance after one passes away so it is always best to distribute in the lifetime in order to prevent mishaps, uproar, and conflicts happening after one passes away.

We see many people who neither distribute in their lifetime nor write a will(Wasiyah), and after they die there are conflicts and their wives and children go through a difficult stage when other relatives or people try to mediate and take the wealth of the deceased person

Inheritance rules according to Ayatullah al-Udhma Sayyid Ali Sistany:

May Allah(swt) grant you success


Syed Haider