Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalaam Alaikum WRWB,

And if the couple has only one child which is adopted, why can't they leave all their wealth to that child alone? Similarly, it is the duty of that child to clear off any debt that his parents have after their death, even though he/she is an adopted child, right?

Jazak Allah,

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Bequeath third in will

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 11-14:

11      Allah (thus) directs you as regards your children's (inheritance): to the male a portion equal to that of two females: if only daughters two or more their share is two-thirds of the inheritance; if only one her share is a half.  For parents a sixth share of the inheritance to each if the deceased left children; if no children and the parents are the (only) heirs the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth.  (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit.  These are settled portions ordained by Allah and Allah is All-Knowing All-Wise.

12      In what your wives leave your share is a half if they leave no child; but if they leave a child ye get a fourth; after payment of legacies and debts.  In what ye leave their share is a fourth if ye leave no child; but if ye leave a child they get an eighth; after payment of legacies and debts.  If the man or woman whose inheritance is in question has left neither ascendants nor descendants but has left a brother or a sister each one of the two gets a sixth; but if more than two they share in a third; after payment of legacies and debts; so that no loss is caused (to anyone).  Thus is it ordained by Allah and Allah is All-Knowing Most Forbearing.

13      Those are limits set by Allah: those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath to abide therein (for ever) and that will be the Supreme achievement.

14      But those who disobey Allah and His Messenger, and transgress His limits will be admitted to a Fire to abide therein: and they shall have a humiliating punishment.

Your Question: And if the couple has only one child which is adopted, why can't they leave all their wealth to that child alone?

Even if the child is born of one’s own loin, one does not have the right in Islam to leave ‘all’ their wealth to that child….for the All-Knowing, All-Wise Lord has Decreed and Determined the rights of inheritance of each of the other surviving heirs of the deceased; namely, his father, his mother, his wife, etc. 

Your Question: Similarly, it is the duty of that child to clear off any debt that his parents have after their death, even though he/she is an adopted child, right?

If the deceased has left some unpaid debt, it is this debt which will be paid from the wealth left behind by the deceased.  If any wealth is left after the debt is cleared, then and only then will it be distributed amongst his surviving legal heirs according to their prescribed shares.

If a unpaid debt of the deceased is larger than the wealth he has left behind, it would indeed be the moral duty of his legal heirs to strive their absolute utmost to pay that debt, or at the very least, strive to get it forgiven by the debtor.

Because the adopted child is not a legal heir of the deceased in Shariah, he is under absolutely no legal obligation in Shariah to fulfill the unpaid debts of his deceased adopted parents…..but if the adopted child, of his own free will, fulfills the unpaid debt of his deceased adopted parents, that would be a deed of ‘ehsaan’, a deed over and above his duty and obligations in the Sight of Allah Subhanah.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan