My mother has passed away and left her jewels

DWQA QuestionsCategory: inheritanceMy mother has passed away and left her jewels
JonSnow Staff asked 3 years ago

My mother has passed away and left her jewels. She had 6 children among two are boys.

1 Answers
JonSnow Staff answered 3 years ago

The shares: If she had no husband, father or mother at time of her death, then the distribution of inheritance goes like this:
1. Expenses of her funeral.
2. Paying of her debt if any
3. Implementing of the will or wasiyah in one third of the remainder.
4. Distribution to the heirs(4 daughters and 2 sons):

One daughter: one eighth(1/8)
One son: one quarter(1/4)

Fist option- We have thought to keep the jewels until someone can perform her haj when they are sold. Is there zakaat to be paid on them in the meantime?

The property is now in the 6 children`s possession. According to their shares, if the value exceed Rs 35000 for one inheritor and one year went away from death of your mother, then yes there is Zakaat on that particular inheritor. Else if the value does not exceed Rs 35000 for one heir, then no Zakaat applicable.

If yes, who is supposed to pay?

Not collectively, but individually calculated according to their shares.

What can we do if If one of the heirs does not agree to keep them for haj purpose?

We have to give him his share. We should not compel anyone to this matter. It is an absolute right to refuse for this matter.

Second option- We are thinking of sharing the jewels among us where two boys will have two share as per Shariat. Since one boy is not married yet, is he entitled to more? Which is the correct way to proceed?

Please go forward as per shares described above. No one is entitled less or more than is described by the Qur-aan. Know that it is fard to go to those fractions.