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Ruling on share of inheritance of a mentally disabled heir

Inheritance,Inheritance,Ruling on share of inheritance of a mentally disabled heir

Fatwa No :
78511
| Date :
2024-10-08

Fatwa No : 78511
Ruling on share of inheritance of a mentally disabled heir
معاملات / ترکات / احکام وراثت

Ruling on share of inheritance of a mentally disabled heir

What do the learned Muftis say about the problem? We, three brothers and two sisters have become heirs to the property of our parents. One of our brothers is not mentally well, that is, he is mentally disabled. So can we two brothers and two sisters divide the property or it is necessary to separate his share also? What will be the decision according to Sharia? We are grateful to receive the reply. Jazak Allah Khair

الجوابُ حامِدا ًو مُصلیِّا ً

It should be clear that an heir is not deprived of his share of inheritance simply because of mental disability, but even in spite of mental disability, he is entitled to his Shariah share, so in this case, the mentally disabled brother of the questioner is also entitled to his share like other heirs from his parents' estate as mentioned in Sharia. it is not correct in Sharia to deprive him of his share, which must be avoided. The share he is entitled for, will be entrusted upon a brother who is trustworthy and will spend only on his mentally disabled brother’s needs.

مأخَذُ الفَتوی

في السراجي : المانع من الإرث أربعة الرق والقتل واختلاف الدين واختلاف الدارين الخ (ص ۲ط: بشری)
وفی الدر المختار للحصفكي شرح تنوير الأبصار للتمرتاشي :(ووليه أبوه ثم وصيه) بعد موته ثم وصي وصيه كما في القهستاني عن العمادية (ثم) بعدهم (جده) الصحيح وإن علا (ثم وصيه) ثم وصي وصيه قهستاني زاد القهستاني والزيلعي ثم الوالي بالطريق الأولى (ثم القاضي أو وصيه) أيهما تصرف يصح فلذا لم يصح ثم (دون الأم أو وصيها) هذا في المال ۔(6/174)

And Allah knows best
محمد قاسم حسین عُفی عنه
دار الافتاء جامعه بنوریه عالمیه
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