Aslam

Praise be to Allah.

It is unfortunate that there are many such cases among

siblings, and what makes the matter even more regrettable is that the reason

for this dispute is money. In fact I appreciate our sister’s good nature and

wisdom, since she has preferred peace to entering into a dispute with her

brother, and she has tried to contain the problem and solve it within the

family. This in itself should be considered the beginning of a proper

solution. As for the answer to this question, it may be answered in the

following points:

Firstly:

The money which your father had saved for you and gone to

great lengths for your benefit, is the due of everyone whom Allaah has

decreed has a share of inheritance. Each of you has a share allotted by

sharee’ah after the death of your father; none of you have the right to keep

this money for himself and deny it to the rest of the heirs, because by

doing so he is transgressing upon the rights of others. Allaah says

(interpretation of the meaning):

“but transgress not the limits. Truly, Allaah likes not

the transgressors”[al-Baqarah 2:190]

It was narrated by Abu Harrah al-Raqaashi that his paternal

uncle said: “I was holding on to the reins of the she-camel of Messenger of

Allaah SAWS (peace and blessings of Allaah be upon him), and the Prophet

(peace and blessings of Allaah be upon him) said: “A man’s wealth is

not permissible except with his consent.” (Narrated by Ahmad, 20172; classed

as saheeh al-Albaani in Saheeh al-Irwaa’, 1761).

On this basis, what your brother did by taking this money is

considered to be a haraam action, especially since he took the money when

your father was still alive and he is not entitled to any of the money until

after his father died. Indeed, after his father’s death he is not entitled

to anything more than the share which Allaah has allocated to him in the

laws of inheritance. So what your brother must do is to repent to Allaah and

restore the rights of people.

Secondly:

The will which your father wrote was not acceptable according

to sharee’ah, and it is not permissible for you to demand that it be

executed, because a person who is designated as an heir according to

sharee’ah cannot be given something in the will (wasiyyah). The

Prophet (peace and blessings of Allaah be upon him) said: “Allaah has

given each person his rights and no will can be made in favour of an heir.”

(Narrated by al-Tirmidhi, 2120; classed as saheeh by al-Albaani in Saheeh

al-Tirmidhi, 1722), So it is not permissible for you to demand it, even

if your brother has taken your money. But you may demand what Allaah has

granted you in the laws of inheritance.

Thirdly:

You should continue to advise and guide them and try to bring

them together as much as you can. Remember that you will be rewarded by

Allaah for that. Allaah says (interpretation of the meaning):

“There is no good in most of their

secret talks save (in) him who orders Sadaqah (charity in Allaah’s Cause),

or Ma‘roof (Islamic Monotheism and all the

good and righteous deeds which Allaah

has ordained), or conciliation between mankind; and he who does this,

seeking the good Pleasure of Allaah, We shall give him a great reward”

[al-Nisa’ 4:114]

Keep telling your sisters not to demand more than they are

entitled to, and that demanding one-third is something that is not

permitted. Try also to convince your brother, in a good way, to give your

sisters that which is rightfully theirs, and to show mercy to his sisters

after his father’s death instead of being a torment to them. You will

undoubtedly face problems in doing that, but be patient. We ask Allaah to

make you steadfast.

Fourthly:

If you are doing the right thing, it will not matter if

people blame you or accuse you of being biased. Be steadfast in adhering to

the truth. Finally, we call on all of you to fear Allaah and to ward off

this scandalous dispute which does not make anyone happy apart from the

Shaytaan, those in whose hearts is a disease and everyone who enjoys the

troubles of others or is filled with malicious envy.

I ask Allaah to put things right between you. May Allaah

bless our Prophet Muhammad.