Message #17407

[N. Truth Seeker]

As-Salam Alaykum Sisters.  Need your feedback.

It's about an old friend of my mom.  She's a single old lady, never married, who recently suffered a heart attack and she's finally making a will.  She wants it in accordance with the Quran and has sought our help for information. We're trying to give her the most accurate guidelines we can from the Quranic perspective.

Her total assets approximately $100,000.  This elderly lady has no parents and of course no children, just 2 brothers (as far as I know, they're married).  She isn't at all close to her brothers as they never cared for her.  She's quite out of touch with them.  She has an adult niece (daughter of one of the brothers), the only member of her surviving family who cares for her aunt very much and keeps in touch regularly.  And this niece is also financially not too well off compared to her father and uncle (the old lady's brothers) who are doing much better.  The elderly lady is very fond of the niece and wants to give the major portion of the inheritance to her.  Additionally she wants to give a bequest of $5,000 to charity.  She has no debts, Alhumdulilah. 

Can any of you find a suitable solution on inheritance from the Quran so the lady can make her last will accordingly?    My dad pointed out the last portion of Verse 4:12, quote:

"And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment [caused]. [This is] an ordinance from Allah , and Allah is Knowing and Forbearing. "   4.12  (Sahih International translation).

Hence in this case her two brothers are to get one-sixth each of her asset, right?   Is this to be calculated after deducting her bequest to her niece and the charity?  That is, does it mean one-third from what's left after bequest?