Q. Could you please explain whether it is necessary to spend the whole night of Bara’at in worship? Should we fast on the day that follows it? How important is this?
S. Tassaduq, Riyadh
A. People speak much about the importance of the middle night of Shaaban, which is called in some countries the night of Bara’at. People say that it is the night when God determines things and fates. But much of this is exaggeration. It is certainly not the night when matters are judged and settled. This is something done on the night of power, which is in Ramadan.
As for observing night worship and fasting on the following day, neither has been recommended by the Prophet. We have a Hadith, which is not highly authentic, that once on that night, Aishah missed the Prophet.
When he came back, she asked him where had he been. He told her that he visited the graveyard, praying for the forgiveness of the dead people. He also said to her that on that night God releases from hell many thousands of people.
Even if we rely on this Hadith, we find that the Prophet did not recommend Aishah to do any worship on that night, nor did he inform his companions of the importance of that night and what they should do on it. The Prophet did not conceal any information that benefited his companions. He delivered his message to us complete. Since he has not spoken on this subject, it means it has no special significance. He certainly did not recommend fasting on 15th Shaaban.
Gifts for Christmas
Q. I work in a European country, and in December the management of our company gives parcels to all employees to celebrate Christmas. These come in a box and include sweets, food, and some Christmas items. Should I decline to receive such a gift in order not to take part in the celebration of Christmas?
M. Turki
A. If you decline to receive the gift, you put yourself in an unnecessarily difficult position with your employers. Your action will be taken as a sign of ill will, which is certainly not entertained by you. No amount of explanation will remove the ill feeling that results from such a decline, because the company is not asking you to celebrate Christmas. They are celebrating it, by showing some good will to their staff. Besides, they will not question you whether you use the gift on Christmas day or on some other day. Moreover, you can easily take the gift and donate it to a charity or give the food to some poor person. In this way, you put the gift to a good use, without offending your employers or putting yourself in a difficult position.
Division of inheritance
Q. When my father died, he left behind his wife, four daughters and two sisters. His estate is in real property, a provident fund, an insurance policy in which he nominated our mother and youngest sister as the beneficiary. How is the property to be divided? Can the insurance money or the provident fund be utilized for the maintenance of our mother, since they were intended as such. Who is responsible for the maintenance of our mother?
Q.2. When my grandmother died, she left behind some property. However, my two uncles refused to give my mother her share, arguing that she was well off. What is her share, and how to get her right?
S.S. Pasha (Mrs, Al-Hasa
A.1. There is little room for giving an heir a portion of the property of the deceased higher than what that heir deserves under the Islamic system of inheritance. What is important to realize is that in Islam heirs are given their shares according to a strict system that ensures justice for all. No one is given undue privilege and none is deprived of his or her rightful share. During their lifetime, parents should maintain justice between their children, giving them equal shares and opportunities.
After death, children inherit according to God’s division of property. The parents have no say in this. However, if a father has several children with an age gap between them, and he helps the elder with his marriage and education, while the younger has a long way to go before he needs such assistance, the father may allocate, in his lifetime, a sum of money for the younger child in order to bring equality between his children. If he chooses to make this allowance as part of his will, that will is not binding on his other heirs unless they approve it, and confirm that approval after his death.
In this case, the father wanted his insurance policy and his provident fund to be utilized to look after his wife and younger daughters. This can only be done if the elder daughters, who are married, approve this arrangement and willingly give their mother and two younger sisters what their father has indicated. They are under no pressure to do so, but if they do, they are dutiful to both parents and God may reward them richly for that.
Otherwise, the property of the deceased father in this case is divided as follows: one-eighth of all the property goes to his widow; two-thirds go to his daughters to be shared equally between all four of them. The remainder goes to his two sisters. If we divide the whole property into 24 equal shares, then the widow takes 3 shares, each one of his daughters takes 4 shares and each one of his two sisters takes 2.5 shares.
A. 2. It is not lawful for the reader’s uncles to deprive her mother of her rightful share of inheritance from her mother. If they do, then they are unlawfully taking what does not belong to them. Unless she agrees to forgo her share, they cannot deprive her of it.
If they do and she refuses to accept that, and no enforcement of rights takes place, the two brothers will have to account for this on the Day of Judgment, and they are liable to be punished for it. The fact that their sister is richer than they are does not affect her rights in any way. She is entitled to that inheritance and she must receive it or forgo it, as she pleases. The inheritance in this case is very simple: the mother’s property is divided into five shares, with her daughter inheriting one share or 20 percent and each one of her two sons inheriting 2 shares, or 40 percent.
Your two uncles are responsible for your mother’s maintenance, if she is in need. If they fail to support her, then you and your sisters should take care of her.
