Advanced search
Visit
6864
Last Updated: 2012/06/23
Summary of question
If a man has transferred the possession of 50 percent of his property during his lifetime to his wife and at the time of death, he has a mother, wife and four daughters, how is the inheritance distributed among his heirs?
question
If a man has transferred the position of 50 percent of his property during his lifetime to his wife and at the time of death, he has a mother, wife and four daughters, how is the inheritance distributed among his heirs?
Concise answer
1. Generally speaking, anything gifted and transferred to the possession of another person by the deceased during his lifetime becomes a part of his property.  It is no longer considered to be a property of the deceased. As for the rest of the property, it is divided among the heirs in accordance with Shari'ah law. For further information in this regard, you can read index: 12200 (Division of Inheritance and Law and Property Law on our website).
2. As for the remaining fifty percent, the wife inherits from all the moveable property but she does not inherit from the land and its value nor does she inherit from the building, trees and the likes but she inherits from their value.  Her share of the said things is only 1/8th (one eighth). [1]  It is pertinent to mention that Supreme Leader, Grand Ayatollah Khamenei is of the view that the wife inherits from the value of the land irrespective of whether she has children from her husband or not or whether or not the land is irrigated or whether it is a piece of land or a tree.[2] In recent years, the legal decisions concerning inheritance are based on the same ruling.
3. Keeping in view what was mentioned in issue No. 2, after separating the wife's share, the rest of the property is divided into five portions of which one portion is given to the mother and the rest is divided equally among the daughters. [3]
Today in Iran, all of these cases and divisions are done under the supervision of the concerned court.
 

[1]Tawdhih al-Masail (with annotation by Imam Khomeini), vol.2, p. 741, issue 2771.  
[2] Cited from Supreme Leader's official website.
[3]  Ibid, p. 713, issue 2738.
 
Question translations in other languages
Comments
Number of comments 0
Please enter the value
Example : Yourname@YourDomane.ext
Please enter the value
Please enter the value

Thematic Category

Random questions

  • Is infallibility based on predestination or free will?
    9774 Philosophy of Religion 2010/05/26
    This question doesn’t have a brief answer. Please click on the detailed answer. ...
  • I would like to know the methods of religious thought.
    9742 Traditional 2006/07/15
    There are three methods of religious thought in Islam. The Holy Quran in its teachings points to three paths for Muslims to follow in order to comprehend the purposes of religion and the Islamic sciences: (1) the path of the external and formal aspect of religion (the ...
  • Is it possible for Imam Zaman to ever commit a sin, no matter how small?
    7896 Traditional 2011/04/20
    According to the Ahlul-Bayt’s school of thought, Imam Zaman holds the high rank of infallibility (‘ismah) and is an infallible (ma’sum). The ma’sum is one who through Allah's (swt) grace is free from all impurity, sin, forgetfulness and error.For further information, ...
  • Can a person borrow money to go to hajj?
    11231 Laws and Jurisprudence 2011/06/07
    This question can be answered in two parts:A) Hajj is one of the greatest worships that one can borrow money for, and there are hadiths by the infallibles regarding the permissibility of borrowing for it in hadith sources.[1]B) Another issue that arises here is that since ...
  • One who has repeatedly repented and broken his repentance and now doubts frequently about Allah and the imams, has Allah forsaken such a person? What is the way to gain proximity to Allah?
    10247 Practical 2011/05/08
    Sin and disobedience brings about one’s destruction, while repentance and a resolution to refrain from sin is movement towards salvation. Shaytan is man's enemy and all of his efforts go into creating temptations and suggestions in human beings, and creating a distance between them and ...
  • Does God, the Exalted, forgive an adulterer?
    7465 Practical 2012/09/25
    Dear User, God, the Compassionate and the Merciful, has promised to forgive all the sins of the penitent, even the sin of associating with Him a partner.[1] It is necessary to note that repentance from adultery or fornication is not ...
  • Is Abu Hamzah Thumali (Somali) from the country of Somalia?
    8011 تاريخ بزرگان 2012/08/21
    Thabit bin Dinar better known as “Abu Hamzah Thumali” is one of the great Shia narrators and a contemporary of several infallible Imams (A.S.). His title “Thumali” is pronounced somehow like “Somali” but there is no connection between this narrator and Somalia and there are different reasons ...
  • Is it right to limit women?
    7900 Practical 2009/10/22
    The spiritual and moral health of a society depends on that of its individuals; men and women, and the spiritual health of individuals is only reachable through training and raising them correctly.  Islam has provided its followers with many instructions and guidelines regarding raising children (the first stage ...
  • Is it haram to consume industrial alcohol? What is ruling on taking narcotics?
    8832 مواد مخدر 2012/04/17
    The responses of the grand maraji’ to your question are as follows: The office of the Grand Ayatullah Sistani (may Allah prolong his life): 1. Alcohol is intoxicating and its consumption impermissible. 2. It is haram. 3. If it ...
  • Can a major sin be forgiven?
    13848 Practical 2010/12/21
    A major sin is one that being punished in hell is promised to its committer in the Quran or ahadith. (There are also other criteria for a sin being a major one). Also minor sins turn into major sins when committed repeatedly (when insisted on ...

Popular