Inheritance distribution and responsibility of taking care of wife and minor children

Q:

1. A husband passed away leaving the following:
Father
Mother
Two Daughters

How will his estate be divided?

2. The two daughters are not baligh. Who will make decisions on their behalf for items that can be given away or sold?

3. Who is responsible for looking after his wife financially?

4. Who is responsible for looking after his two daughters financially?

A:

1. The estate will be divided into 27 equal shares and distributed as follows:
Wife will receive 3 shares
Father will receive 4 shares
Mother will receive 4 shares
Each daughter will receive 8 shares

2. Their guardian, the one who is fully in charge of their affairs. He should act in the best interest of these orphans.

3. If she has wealth of her own then she should utilise her personal wealth. Otherwise, her parents or her brothers must assist her.

4. If they have sufficient funds of their own then those funds will be used for their needs. Otherwise, the mother and the grandfather (father's father) will be responsible.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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