Q n A : He bequeathed one-third of his wealth to his daughters as a punishment to his son for taking all the money

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Q
He bequeathed one-third of his wealth to his daughters as a punishment to his son for taking all the money


A

Praise be to Allah.
It is unfortunate that there are many such cases among
siblings, and what makes the matter even more regrettable is that the reason
for this dispute is money. In fact I appreciate our sister’s good nature and
wisdom, since she has preferred peace to entering into a dispute with her
brother, and she has tried to contain the problem and solve it within the
family. This in itself should be considered the beginning of a proper
solution. As for the answer to this question, it may be answered in the
following points: 

Firstly: 

The money which your father had saved for you and gone to
great lengths for your benefit, is the due of everyone whom Allaah has
decreed has a share of inheritance. Each of you has a share allotted by
sharee’ah after the death of your father; none of you have the right to keep
this money for himself and deny it to the rest of the heirs, because by
doing so he is transgressing upon the rights of others. Allaah says
(interpretation of the meaning): 

“but transgress not the limits. Truly, Allaah likes not
the transgressors”[al-Baqarah 2:190]

It was narrated by Abu Harrah al-Raqaashi that his paternal
uncle said: “I was holding on to the reins of the she-camel of Messenger of
Allaah SAWS (peace and blessings of Allaah be upon him), and the Prophet
(peace and blessings of Allaah be upon him) said: “A man’s wealth is
not permissible except with his consent.” (Narrated by Ahmad, 20172; classed
as saheeh al-Albaani in Saheeh al-Irwaa’, 1761). 

On this basis, what your brother did by taking this money is
considered to be a haraam action, especially since he took the money when
your father was still alive and he is not entitled to any of the money until
after his father died. Indeed, after his father’s death he is not entitled
to anything more than the share which Allaah has allocated to him in the
laws of inheritance. So what your brother must do is to repent to Allaah and
restore the rights of people. 

Secondly: 

The will which your father wrote was not acceptable according
to sharee’ah, and it is not permissible for you to demand that it be
executed, because a person who is designated as an heir according to
sharee’ah cannot be given something in the will (wasiyyah). The
Prophet (peace and blessings of Allaah be upon him) said: “Allaah has
given each person his rights and no will can be made in favour of an heir.”
(Narrated by al-Tirmidhi, 2120; classed as saheeh by al-Albaani in Saheeh
al-Tirmidhi, 1722), So it is not permissible for you to demand it, even
if your brother has taken your money. But you may demand what Allaah has
granted you in the laws of inheritance. 

Thirdly: 

You should continue to advise and guide them and try to bring
them together as much as you can. Remember that you will be rewarded by
Allaah for that. Allaah says (interpretation of the meaning):

“There is no good in most of their
secret talks save (in) him who orders Sadaqah (charity in Allaah’s Cause),
or Ma‘roof (Islamic Monotheism and all the
good and righteous deeds which Allaah
has ordained), or conciliation between mankind; and he who does this,
seeking the good Pleasure of Allaah, We shall give him a great reward”
[al-Nisa’ 4:114]

Keep telling your sisters not to demand more than they are
entitled to, and that demanding one-third is something that is not
permitted. Try also to convince your brother, in a good way, to give your
sisters that which is rightfully theirs, and to show mercy to his sisters
after his father’s death instead of being a torment to them. You will
undoubtedly face problems in doing that, but be patient. We ask Allaah to
make you steadfast.

 Fourthly:

 If you are doing the right thing, it will not matter if
people blame you or accuse you of being biased. Be steadfast in adhering to
the truth. Finally, we call on all of you to fear Allaah and to ward off
this scandalous dispute which does not make anyone happy apart from the
Shaytaan, those in whose hearts is a disease and everyone who enjoys the
troubles of others or is filled with malicious envy.

 I ask Allaah to put things right between you. May Allaah
bless our Prophet Muhammad.

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