Parents' rights come in priority over those of wife and children

6-2-2013 | IslamWeb

Question:

Question regards Family home as part of inheritance. If I die before my parents, I understand they will be entitled to 1/6th each of my estate. I assume this includes the value of my main family home. However, because I live in London the value of the home has risen considerably since I bought it many years ago. My worry is that my wife would have to sell the family home and move to a cheaper part of the country in order to pay my parents their share. This does not seem right to me - moving my children away from their schools and friends and having to sell the house they grew up in, just to give my parents some money that they don't even need. Can my wife and children continue to live in the family home? I know my parents will not waive their right to the inheritance as my mother is unfortunately a very money obsessed person - she fought with her own brothers for a greater share of my maternal grandfather's estate - my grandfather did not work for most of his life - my uncles were dutiful sons and the main breadwinners who gave all their income to my grandfather. He then used their income to invest in property - but when my grandfather died my mother insisted on a share of all the properties - even though it was very clear they were purchased with my uncles earnings. So, as you can see I expect my mother to be ruthless in demanding her share of my estate - even if it means uprooting my children.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.

 

First of all, we say that you are wrong to describe your mother as a ‘very money obsessed’ and ‘ruthless’ person; so you should fear Allaah and repent to Him. You should know that being kind and dutiful to your parents in your life and keen on their well-being after you die, comes in priority over being keen on the well-being of your wife and your children as the parents come in priority in this regard, especially the mother. Abu Hurayrah narrated that a man came to the Prophet and asked him: “Who deserves my good company more?”, and he [the Prophet] replied: “Your mother.” The man asked: “Then who?” The Prophet said: “Then your mother.” The man asked again: “Then who?” The Prophet again replied: “Then your mother.” The man asked again: “Then who?” Thereupon, the Prophet said: “Then your father.” [Al-Bukhari and Muslim]

Besides, you should not preoccupy yourself with something that has not taken place yet, as it may happen contrarily to what you expect, as the one who is thought to die last may die first or the like. Indeed, the Salaf (righteous predecessors) hated asking about things which have not taken place yet. An-Nawawi talked in Al-Majmoo' about the Companions saying: “Their Fatwa was limited to things that  already happened and they objected to being asked questions about what did not take place.”

In any case, if we presume that the matter happens as you expected, then your parents have the right to ask for their share in the house even if this leads to selling it. What you mentioned about your wife and children moving away to another house and your children leaving the school or the friends they used to have; then there is no harm on them in doing so, and this is not an impediment that would prevent your parents from taking their share in the house.

Allaah Knows best.