Islamic Rulings on Inheritance, Raising Relatives’ Children

Question : Inheritance of a Deceased Woman’s Children

My younger sister died about eight years ago, leaving four children—one son and three daughters. As they were young and their father was unable to support them, I brought them to live with me and have been raising them. The eldest is studying for a degree and is married. The second is preparing for the secondary school examination, while the other two are also continuing their studies. What should happen to my deceased sister’s inheritance? Must her share of the inheritance be given to her children or their father?

Answer: Your sister’s inheritance must be distributed to her rightful heirs under all circumstances. If you are financially able and willingly take responsibility for raising the four children without expecting anything in return, you will receive great rewards from Allah (SWT) for caring for those in need and fulfilling your family obligations.

You may also choose to cover their expenses from their deceased mother’s property. However, you must calculate the value of the property separately and adjust it against all the expenses incurred for them. If any property remains after deducting the expenses, it must be handed over to the children. If your expenses exceed the value of the property, they will not be entitled to any remaining amount. The additional expenses you bear will be considered an act of kindness towards them, for which you may receive rewards from Allah (SWT).

Remember, if you can afford it, raising these children and covering their related expenses from your own resources is a great blessing. A hadith clearly states that the Prophet Muhammad (PBUH) said, “I and the person who takes care of an orphan will be together in Paradise like this.” The Prophet (PBUH) then demonstrated by bringing two fingers together.

Although these children are not technically orphans because their father is alive, they are poor and vulnerable. In practical terms, they also need the care and support given to orphans. Another hadith states, “Whoever raises, educates well and arranges a good marriage for three, two or even one daughter will certainly enter Paradise.”

This applies to one’s own daughters. If someone provides such care and support to another person’s daughters out of kindness, the reward may be even greater. Insha’Allah, you may receive such a reward. You may cover their expenses from your own funds, use their mother’s property when necessary, or fairly combine both sources. The same principles should guide your decision about spending any share belonging to their father, your brother-in-law. The final decision rests with you.