Question:
Who is the rightful recipient for 2/3 of inheritance and its conditions?
Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
We would like to state here according to the book we have written titled Pengurusan Harta dan Pusaka dalam FIqh Syafie (Management of Property and Inheritance in Fiqh Syafie) published by IBFIM:
Two-third Recipient and Its Conditions
There are four types of heirs who are eligible to receive two-thirds of the inheritance and each is subject to their own conditions:
- Two or more daughters of the deceased
To receive two-third of the inheritance, they must fulfil the condition that there is no asabah with them which means the deceased has no sons. This is in accordance with the statement of Allah SWT:
فَإِنْ كُنَّ نِسَاءً فَوْقَ اثْنَتَيْنِ فَلَهُنَّ ثُلُثَا مَا تَرَكَ
“But if there are [only] daughters, two or more, for them is two-thirds of one's estate.”
Surah al-Nisa’ (11)
In a hadith, the Prophet PBUH said:
قَضَى النَّبِي صَلىَّ الله عَلَيْهِ وَسَلَّم لِبِنْتَي سَعْدٍ بِالثُّلُثَيْنِ مِنْ تَرِكَةِ أَبِيْهِمَا
“The Prophet PBUH set two-thirds (2/3) of the inheritance from Saad for both his daughters.”
Sunan al-Tirmizi (2093) in al-Faraih and al-Hakim (4/334)
- Two or more daughters of the son of the deceased
They receive two-third (2/3) on two conditions:
- There is no asabah with them
- The deceased did not have any other sons or daughters
The evidence that they are eligible to receive two-third is the qias (analogical deduction) with the daughters of the deceased. Or they are included as the noun “daughters”. This is according to the noun used which has an absolute and symbolic meaning.
- Two or more sisters from the same mother and father
They receive two-third of the inheritance if they fulfil the following three conditions:
- There is no asabah with them which means other brothers
- The deceased did not leave an heir from his lineage (furu’), whether it is a male or female
- The deceased was not survived by any of his ancestors, whether it is his father or grandfather
This is in accordance with Allah SWT’s statement:
فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ
“But if there are two sisters [or more], they will have two-thirds of what he left.”
Surah al-Nisa’ (176)
- Two or more sisters from the same father
They receive two-third of the inheritance on the same conditions of the deceased’s sisters from the same mother and father. The addition fourth condition is that the deceased did not have any other brother (akh al-Shaqiq) or sister (ukht al-Shaqiqah) with the same mother and father.
This is the consensus of scholars. According to the consensus, the above verse of the Quran includes both sisters with the same mother and father (ukht al-Shaqiqah) and sister with the same father (ukht li al-Abb). However, it does not include sister with the same mother (al-Ukht li al-Umm). Jabir bin Abdullah RA said:
مَرِضْتُ، فَأَتَانِي رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ يَعُودُنِي فَوَجَدَنِي قَدْ أُغْمِيَ عَلَيَّ فَأَتَى وَمَعَهُ أَبُو بَكْرٍ وَعُمَرُ وَهُمَا مَاشِيَانِ فَتَوَضَّأَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَصَبَّ عَلَيَّ مِنْ وَضُوئِهِ فَأَفَقْتُ فَقُلْتُ: يَا رَسُولَ اللَّهِ كَيْفَ أَقْضِي فِي مَالِي أَوْ كَيْفَ أَصْنَعُ فِي مَالِي فَلَمْ يُجِبْنِي شَيْئًا وَكَانَ لَهُ تِسْعُ أَخَوَاتٍ
"I was ill, so the Messenger of Allah (PBUH) came to visit me and found me unconscious. He came walking while Abu Bakr and 'Umar were with him. The Messenger of Allah (PBUH) performed Wudu, then poured the remaining water on me, so I came to my senses. I said: 'O Messenger of Allah (PBUH)! how shall I dispose of my wealth?' - or - 'What shall I do with my wealth?' He did not reply anything to me" -and he had nine sisters- "
Until the Ayah about the inheritance was revealed:
يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ إِنِ امْرُؤٌ هَلَكَ لَيْسَ لَهُ وَلَدٌ وَلَهُ أُخْتٌ فَلَهَا نِصْفُ مَا تَرَكَ وَهُوَ يَرِثُهَا إِنْ لَمْ يَكُنْ لَهَا وَلَدٌ فَإِنْ كَانَتَا اثْنَتَيْنِ فَلَهُمَا الثُّلُثَانِ مِمَّا تَرَكَ وَإِنْ كَانُوا إِخْوَةً رِجَالًا وَنِسَاءً فَلِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِ يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌ
They request from you a [legal] ruling. Say, " Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs]." If a man dies, leaving no child but [only] a sister, she will have half of what he left. And he inherits from her if she [dies and] has no child. But if there are two sisters [or more], they will have two-thirds of what he left. If there are both brothers and sisters, the male will have the share of two females. Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
Surah al-Nisa’ (176)
Jabir RA said: "It was revealed regarding me." Imam al-Rahabi states in his poem:
Two-third are for the daughters (al-Banat),
Of which when it is more than just a daughter, listen carefully,
The same for daughters of the son (banat al-Ibn),
Understand my words properly,
Likewise, are for two or more sisters,
The free man and slaves issued fatwa regarding it,
They are from sisters with the same mother and father
Or just with the same father, heed my advice, for surely you will be from among the true people.
Let us all learn the knowledge of faraid and decide on any issue related to inheritance following the teachings of Allah SWT and His Messenger so that we would always fulfil the shariah of Islam.