The money spent on each heir is to be deducted from the share they are entitled to receive
Q: Five years ago, my maternal uncle together with his wife died in a car accident. They left behind two sons and two daughters of whom I was given custody. They are the only inheritors entitled to the property left behind. It is almost a year since my custody of the elder son and the two daughters ended. They asked me to be their guardian. The younger sister was married off by her elder brother. Now the elder brother desires to marry. The inheritance has not been divided among them yet. The property left by their father includes:A house and a piece of land at the Saudi-Kuwaiti Neutral Zone near
Sa`ud Port,
another house
in the Saudi city of
Al-Ta'if.
However, the house and the land are located at the still undefined
Saudi-Kuwaiti Neutral Zone.
The house in this zone is rented for 1,000 Riyals a month and the other
house in
Al-Ta'if
is rented for 2,000 Riyals a month. (Part No. 16; Page No. 468) The father also left 100,000 Riyals in cash. The elder son wants to marry. The problem with the house and the land located at the Neutral Zone has delayed the distribution of the wealth.I hope Your Eminence will direct me regarding the proper distribution of the wealth especially as the elder son wants to marry. He receives a monthly salary of 3,000 Riyals. Is it permissible to give him an amount of the cash money as a loan to be deducted from his share when the houses and the piece of land are sold so that he can get married? Please tell me how to financially support both the younger son and the unmarried daughter given that the other daughter is married and the elder son supports himself after his employment. I am confused and I fear that I may fall into sin. Please guide me to the proper way by which I can work out a solution to the problem of the elder son's marriage and the financial support. I financially support them from the rent of the two houses. Please explain the course I should follow regarding the distribution of their financial rights and supporting them.
A: First,
the elder brother who wants to marry should be given his prescribed share of the cash money. (Part No. 16; Page No. 469) If the money he receives falls short of covering the expenses of his marriage, he may borrow from his pubescent brothers or from anyone else.
Second,
the money spent on each inheritor should be deducted from the share he is entitled to receive, whether from the rent or the cash money. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.