Question
When paying out marhoom father‟s wealth to the heirs, the brother did not give the sister her share. Reason being she was staying in her marhoom‟s father's house without her husband paying rental for couple of years. She was staying with her mother and looking after her. Question is: who is responsible for the paying the rent? Was it correct for the brother not to give the sister her share of her father's money?
Answer
The brother has erred grievously. He has usurped his sister‟s share of inheritance for which the punishment is everlasting residence in Jahannam according to the Qur‟aan. The sister is not indebted to the estate of the deceased for any rent because there was no rental agreement between her and her father. For rent to be paid, there has to be a lease agreement. There is no concept of occupational rent in the Shariah. The sister must compulsorily be given her share of inheritance. As for future rent, an agreement has to be made.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 10
- PDF page
- 11
Verbatim verified against the source PDF
Appears under DIVORCEES AND INHERITANCE. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.