Can We Delay Inheritance Division until the Deceased’s Husband Passes Away?

Answered By Shaykh Dr. Muhammad Fayez Awad

Question

Is it permissible to delay the division of the inheritance until the deceased’s husband passes away?

Answer

All praise is due to Allah, Lord of the worlds. Blessings and peace be upon the Messenger of Allah, his Family, and his Companions.

One of the characteristics that distinguish inheritance from other rights, such as gifts, maintenance, the price of a sale, and wages, is that inheritance is an obligatory and necessary acquisition that transfers to the heir immediately upon the death of the deceased.

Therefore, when the deceased dies, the heirs must divide the estate left by the deceased after deducting the funeral expenses, paying off debts, executing lawful wills that are in accordance with Sacred Law, and fulfilling expiations and vows. But is it permissible to delay the division after death or not?

Important Considerations

This matter requires detailed consideration:

First: If all the heirs are adults and of sound mind, there is no harm in agreeing to delay the division of the inheritance if all parties consent. However, if any heir does not agree, their share must be given to them, whether in cash, by sale, rental, or other means. If any of the heirs is a minor, the guardian of the minor must consent to actions in the minor’s best interest.

Suppose the adult heirs believe that it is beneficial not to divide the inheritance at the moment for a valid reason. In that case, they must segregate the minors’ share from their own and place it under prudent management to grow for them and spend on them appropriately.

Second: If there are no minors among the heirs and they agree to delay the division, and one manages the inherited property, it must be done with all heirs’ consent. In this case, there is no harm, and zakat is obligatory on those whose share of the inheritance reaches the nisab (minimum amount liable to zakat).

Those whose share does not reach the nisab are not obliged to pay zakat. If some agree while others do not, the rightful share must be given to those who do not agree, and it is not permissible to manage their share without their permission.

Third: No heir is permitted to invest the inheritance without the consent of the other heirs. Doing so would be considered an infringement. Preventing or delaying the division of inheritance without a valid excuse or the consent of the heirs is prohibited by Sacred Law, as it involves violating rights and committing injustice.

Allah (Most High) says after detailing the rules of inheritance: “These (entitlements) are the limits set by Allah. Whoever obeys Allah and His Messenger will be admitted into Gardens under which rivers flow, to stay there forever. That is the ultimate triumph! But whoever disobeys Allah and His Messenger and exceeds their limits will be cast into Hell, to stay there forever. And they will suffer a humiliating punishment.” [Quran, 4:13-14]

Additionally, it was reported by ‘Imran Ibn Sulaym that the Messenger of Allah (Allah bless him and give him peace) said:

“Whoever cuts off an inheritance that Allah has decreed, Allah will cut off his inheritance in Paradise.” [Ibn Mansur, Sunan Sa‘id Ibn Mansur; Ibn Abi Shayba]

We ask Allah to help us fulfill our duties in the best manner that pleases Him, so we may meet Allah without having any debts to others. Indeed, He is All-Hearing and Responsive.

[Shaykh] Dr. Muhammad Fayez Awad

Shaykh Dr. Muhammad Fayez Awad, born in Damascus, Syria, in 1965, pursued his Islamic studies in the mosques and institutes of Damascus. A graduate of the Islamic University of Medina in 1985, he holds a Ph.D. in Islamic Studies from Bahauddin Zakariya University in Pakistan.

He has extensive experience developing curricula and enhancing the teaching of various academic courses, including conducting intensive courses. Shaykh Awad has taught Fiqh, Usul al-Fiqh, Quranic sciences, the history of legislation, inheritance laws, and more at several institutes and universities such as Al-Furqan Institute for Islamic Sciences and Majma‘ al-Fath al-Islami in Damascus.

He is a lecturer at the Sultan Muhammad al-Fatih Waqf University in Istanbul, teaching various Arabic and Islamic subjects, and teaches at numerous Islamic institutes in Istanbul. Shaykh Awad is a member of the Association of Syrian Scholars, a founding member of the Zayd bin Thabit Foundation, a member of the Syrian Scholars Association, and a member of the Academic Council at the Iman Center for Teaching the Sunna and Quran.

Among his teachers from whom he received Ijazat are his father, Shaykh Muhammad Muhiyiddin Awad, Shaykh Muhiyiddin al-Kurdi, Shaykh Muhammad Karim Rajih, Shaykh Usama al-Rifai, Shaykh Ayman Suwaid, Shaykh Ahmad al-Qalash, Shaykh Muhammad Awwama, and Shaykh Mamduh Junayd.