Is my deceased daughter entitled to claim the single-payment pension that her deceased father allocated to one of his brothers before his death, given that her deceased father has no inheritable estate?
If the pension is an entitlement of the deceased from his employer, then it is an inheritance to be divided according to .
If the deceased bequeathed the pension to his brother after his death, then one should consider:
- If it was for a debt owed to him, then the brother takes the debt and returns the remainder to the heirs. - If there was no debt, then this is a will. If the brother is an heir, it is not valid unless approved by the other heirs. If he is not an heir, he is entitled to one-third of the estate, and anything beyond that is the right of the heirs unless they consent.
In case of dispute, the matter should be referred to the Sharia court or to people of knowledge.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 175578
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy