Fatwa No : 96956
Ruling on Construction Expenses Incurred on the Deceased’s Plot

Ruling on Construction Expenses Incurred on the Deceased’s Plot

What do the respected Islamic scholars are saying about the following matter: My late grandfather, Abdul Rahman Yunus, passed away. At the time of his death, his heirs consisted of four sons and one daughter, while his wife had passed away before him. After my late grandfather’s death, all the heirs, by mutual consent, administratively transferred one of his plots into my father’s name. All expenses incurred in connection with this plot up to now have been paid by me from my own funds. However, at the time I incurred these expenses, I neither demanded reimbursement from the other heirs nor explicitly stated that these expenses were to be treated as a loan.
Thereafter, the deceased’s daughter, Halima, wife of Ismail, passed away. Her heirs are her husband, two daughters, and one son.
Then one of the deceased’s sons, Mahmood Abdul Rahman, also passed away. His heirs are one widow, three daughters, and one son.
Now we wish to know how the estate of the late Abdul Rahman Yunus should be distributed among the aforementioned heirs according to Islamic law.
Furthermore, can the expenses incurred by me on the plot, which at the time I neither treated as a loan nor demanded back from the other heirs, now be deducted from the value of the plot before the estate is distributed?

الجوابُ حامِدا ًو مُصلیِّا ً

In the case in question, if the petitioner incurred these expenses from his own funds as a voluntary contribution or act of kindness, and at that time he neither demanded reimbursement from the other heirs nor expressly stated that the amount was a loan or that he would recover it later from the estate, then, as a matter of principle, the petitioner has no Shariah-based right to deduct these expenses from the estate now.

However, if there is some indication or mutual understanding that the petitioner was temporarily paying these expenses and that they would subsequently be paid from the deceased’s estate, or if all the heirs, by mutual consent, are willing and prepared to reimburse the petitioner for the said expenses at the time of distributing the estate, then in such a case the petitioner may recover from the estate the expenses incurred in the administration and management of the plot.

It should further be clarified that the estate of the petitioner’s late grandfather, Abdul Rahman Yunus, shall be distributed among his surviving heirs according to the principles of Islamic inheritance as follows: whatever movable and immovable property, gold, silver, jewelry, cash, and household goods, whether small or large, the deceased owned and left behind at the time of his death shall first be used to pay the moderate expenses of his shrouding and burial. Thereafter, if he had any outstanding debt, it shall be paid. Then, if he had made any valid bequest, it shall be carried out to the extent of one-third (1/3) of the remaining estate. After that, whatever remains shall be divided into a total of 720 shares. Of these, each son of the deceased shall receive 160 shares, the deceased’s son-in-law shall receive 20 shares, the deceased’s grandson through his daughter shall receive 30 shares, each granddaughter through his daughter shall receive 15 shares, the deceased’s daughter-in-law shall receive 20 shares, the grandson through his son shall receive 56 shares, while each granddaughter through his son shall receive 28 shares, as is also clear from the diagram below. For further convenience, the percentage shares have also been provided. Please see below.

Case: 9/144/720

(Deceased grandfather Abdul Rahman Yunus)

Son | Son | Son | Son (Mahmood) | Daughter (Halima)
2 | 2 | 2 | 2 | 1
32 | 32 | 32 | 32
160 | 160 | 160

Case: 4/16 | Multiplier: 4 / Base: 1

(Deceased daughter Halima)

Husband | Son | Daughter | Daughter
1 | | 3/12
4 | 6 | 3 | 3
20 | 30 | 15 | 15

Case: 8/40/5 | Multiplier: 5 / Base: 32/4

(Deceased son Mahmood)

Widow | Son | Daughter | Daughter | Daughter
1 | | 7/35
5 | 14 | 7 | 7 | 7
20 | 56 | 28 | 28 | 28

Final distribution (Total: 720)

Heirs | Numerical shares | Percentage shares
Son of the deceased | 160 | 22.222%
Son of the deceased | 160 | 22.222%
Son of the deceased | 160 | 22.222%
Son-in-law of the deceased | 20 | 2.777%
Grandson through the deceased’s daughter | 30 | 4.166%
Granddaughter through the deceased’s daughter | 15 | 2.083%
Granddaughter through the deceased’s daughter | 15 | 2.083%
Daughter-in-law of the deceased | 20 | 2.777%
Grandson through the deceased’s son | 56 | 7.777%
Granddaughter through the deceased’s son | 28 | 3.888%
Granddaughter through the deceased’s son | 28 | 3.888%
Granddaughter through the deceased’s son | 28 | 3.888%

مأخَذُ الفَتوی

کما فی الدر المختار وحاشية ابن عابدين (رد المحتار):فصل في القرض (هو) لغة: ما تعطيه لتتقاضاه، وشرعا: ما تعطيه من مثلي لتتقاضاه، وهو أخصر من قوله: (عقد مخصوص) أي بلفظ القرض ونحوه،
(يرد على دفع مال) بمنزلة الجنس ،(مثلي) خرج القيمي ،(لآخر ليرد مثله) خرج نحو وديعة وهبة...(قوله خرج نحو وديعة وهبة) أي خرج وديعة وهبة ونحوهما، كعارية،وصدقة؛ لأنه يجب رد عين الوديعة والعارية، ولا يجب رد شيء في الهبة و الصدقة. (جلد5/ص:161)۔
وفی العقود الدرية في تنقيح الفتاوى الحامدية: المتبرع لا يرجع بما تبرع به على غيره ،كما لو قضى دين غيره بغير أمره. اهـ (جلد 2/ص: 226)۔