Fatwa No : 97162
Ruling on Considering a Brother’s Income as Part of the Inheritance Due to Job Card

Ruling on Considering a Brother’s Income as Part of the Inheritance Due to Job Card

What do the respected scholars say regarding the following matter?
Our late father has passed away. At the time of his death, his heirs were his widow, four sons, and four daughters. Our father was employed by the Dock Labour Board. After his death, his employment card was supposed to be transferred to his eldest son. However, the eldest son was mentally ill, so the employment card was transferred to me instead. I have continued working under this card, and during this period I have also been providing financial support to my other brothers and sisters and have even built a house for the family.
I would now like to know whether my other brothers and sisters have any share in the salary I have earned through the employment card that originally belonged to my father.
Similarly, after retirement or termination from the company, if I receive a provident fund or other accumulated benefits, do my brothers and sisters have any share in those funds?
Furthermore, regarding the estate left by my father, am I entitled to a share according to the Islamic rules of inheritance?
Kindly explain the Islamic ruling on all these matters in detail.

الجوابُ حامِدا ًو مُصلیِّا ً

In the matter under consideration, the employment given to the questioner after the death of his late father is not an inheritable right to his father's employment. Rather, it is a special appointment made by the relevant institution as assistance to the family of the deceased (the questioner's father). Therefore, the questioner becomes entitled to the salary in return for performing the duties of this employment. Accordingly, the questioner's other brothers and sisters have no Shariah-based share in his salary.
Similarly, any fund deducted from the questioner's salary after he commenced employment, or any amount contributed to the fund by the department, will also belong to the questioner if it is paid to him. However, if, at the time of his death, the deceased father had already become entitled to a certain amount from this fund and had a legal right to claim that amount, and that amount was not paid to the heirs after his death but was instead included in the fund received later, then, according to the applicable rules, that amount will be the right of all the heirs, including the questioner.
Furthermore, the questioner's entitlement to his share of his father's inheritance will not be forfeited merely because he was given this employment. Rather, like his other brothers and sisters, he will be entitled to his share of his father's estate according to the prescribed shares of Islamic inheritance.

مأخَذُ الفَتوی

كما في البحر الرائق: قال رحمه الله (يبدأ من تركة الميت بتجهيزه) المراد من التركة ‌ما ‌تركه ‌الميت ‌خاليا عن تعلق حق الغير بعينه اهـ [كتاب الفرائض، يبدأ من تركة الميت بتجهيزه، ج:8 ص:557 ط: دار الكتاب الاسلامى]
وفی بدائع الصنائع: لأن الإرث ‌إنما ‌يجري ‌في ‌المتروك من ملك أو حق للمورث على ما قال «عليه السلام: من ترك مالا أو حقا فهو لورثته» ولم يوجد شيء من ذلك فلا يورث ولا يجري فيه التداخل؛ لما ذكرنا، الله سبحانه تعالى أعلماهـ [كتاب الحدود، فصل في بيان صفات الحدود، ج:7 ص:57 ط: سعيد]