Answer:

 

In the proposed question, the daughter will certainly receive Zaid’s inheritance, as well as in addition to his two sisters. Zayd left a daughter and two sisters as heirs, after which the division of the inheritance looks like this: half of Zayd’s entire estate will be received by the daughter and the remainder to his two sisters.

 

Fatawa al-Alamgiri states:

الأخوات لأب وأم للواحدة النصف وللثنتين فصاعدا الثلثان، كذا في خزانة المفتين ۔۔۔۔ ولهن الباقي مع البنات

Sisters who come from the same parents, if they are of one, they will receive half a portion, and if it is of two or more than two, they will all receive 2/3, just as it says in Khazanat al-Muftiyyin. And if the deceased has daughters, then for the sister what is left after the daughter’s portion is for them.

[Fatawa al-Alamgiri: vol. 6, p. 450 – الباب فی ذوی الفروض]

 

And likewise, it is stated:

فالنصف للبنت والنصف الثاني للأخت

Half a portion is for the daughter and the other half for the sister.

[Ibid: p. 451]

 

Imam Ahl al-Sunnah Ala Hazrat mentioned five cases of the sister in the inheritance, one of which is on the remaining inheritance together with the daughter. So, what is left of the daughter is received by the sister. He states:

 

And for the sisters there are five cases in the rest of the inheritance;

[Fatawa al-Ridawiyyah: vol. 26, p. 226]

 

And he further states:

 

It is stated in al-Rahiq al-Makhtum Sharh Qalaid al-Manzum:

  (والاخت) ولومتعددۃ (مع بنت) الصلب واحدۃ ایضا فاکثر (و) کذا مع (بنت الابن) وان سفلت کذلک وکذا مع بنت وبنت ابن (ذات اعتصاب مع غیر)

And even if the sisters are multiple, alongside the biological daughter being one or more than one, and likewise, alongside the granddaughter reaching further down, being one or more than one – the remainder inheritance will be made with others.

[Ibid: 229]

 

And only for that reason where the daughter married of her own wish, or in the assumption that this would cause debauchery, will the daughter not be taken from the father’s inheritance. Because it does not belong to the nullifications of inheritance. Imam Ahl al-Sunnah states:

 

Children can in no way be disowned from being children, apart from disbelief [kufr] – Allah’s refuge is sought. And their inheritance cannot be taken in any way, save five nullifications; having another religion, or other households, being a slave, or Allah forbids murdering the testator, or both died in the same way not knowing which of them died first, besides these the judgment will be general, as:

 

يُوصِيكُمُ ٱللَّهُ فِىٓ أَوْلَـٰدِكُمْ ۖ لِلذَّكَرِ مِثْلُ حَظِّ ٱلْأُنثَيَيْنِ

Allah commands you concerning your children; the son’s share is equal to that of two daughters. [4:11]

[Ibid: p. 349]

 

Conclusion:

In any case, in the proposed question, it is not permissible to take the father’s inheritance from the daughter. The daughter gets the right of half of the entire property, and the remaining half is received by the two sisters. And Allah Almighty knows best with rectitude.

 

Mufti Muhammad Zulfaqar Khan Naimi Kakralwi
Nuri Dar al-Ifta, Madina Masjid Ali Khan Kashipur
8-Jumadi al-Awwal-1442 || ≈ 23-Dec-2020
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