Can I Take A Lesser Share Of My Inheritance?

Hanafi Fiqh

Answered by Shaykh Abdul-Rahim Reasat

Question

My father passed away when my siblings and I were children. I’ve been the sole treasurer/custodian of family assets from a young age. I want to take my share out of family assets, but I’m thinking of taking a lesser share than I would be entitled to. Is this ok?

Answer

I pray you are well.

Yes, it is permissible for you to forgo some of what you are entitled to and take a lesser share. That is your right. In general, the inheritance needs to be distributed according to the Sharia, but other arrangements can be made with the agreement of all the heirs, or if someone willingly chooses to take less. [Maydani, Lubab]

This is to prevent anyone from being wronged and to allow for certain accommodations that may be required in particular situations. In your situation, intend to benefit your family with what you don’t take and you’ll benefit a great deal.

As the Prophet (Allah bless him and give him peace) taught. “Don’t deem anything of the good to be inconsequential.“ [Bukhari] It has great worth in the sight of Allah.

May Allah grant you the best of both worlds.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 where, for 18 months, he studied with many erudite scholars. In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years in Sacred Law (fiqh), legal theory (Usul al-fiqh), theology, hadith methodology, hadith commentary, and Logic. He was also given licenses of mastery in the science of Quranic recital and he was able to study an extensive curriculum of Quranic sciences, tafsir, Arabic grammar, and Arabic eloquence.