Fatwa No : 88597
Will the deceased suffer if the inheritance is not distributed?

Will the deceased suffer if the inheritance is not distributed?

My father passed away two (2) years ago and left behind property. We are four (4) siblings. My brother and I are married, while two siblings are of marriageable age. I am the eldest. My brothers are willing to give me my rightful share in the inheritance, but at present we still have to arrange the marriages of two siblings. For this reason, I have temporarily stopped them from distributing the inheritance, because our father did not leave any cash. If we divide the inheritance now, from where will we manage the expenses for these marriages? People say that if the inheritance is not distributed, then (God forbid) our father will suffer because of it in the Hereafter.

الجوابُ حامِدا ًو مُصلیِّا ً

In the present case, if all the heirs mutually agree that the distribution of the deceased father’s estate will be carried out at a later stage and that, for the time being, the marriages of the two siblings will be arranged from the jointly held property, then, with the consent and willingness of all sane and adult heirs, it is Islamically permissible to defer the distribution of the inheritance.
However, if even one of the heirs is not satisfied with this delay and demands his or her share immediately, then it is not Islamically permissible to withhold that heir’s share without his or her consent. Rather, the immediate payment and delivery of that heir’s share becomes obligatory.
Furthermore, if the distribution of the estate is delayed with the mutual consent and happiness of all the heirs, then, due to this delay, the deceased father will not suffer any harm or distress after his death.

مأخَذُ الفَتوی