Women and Inheritance Part 1

According to Baha’i law, a mother’s share from inheritance is smaller than a father’s and a sister’s share is smaller than a brother’s.

“The deceased’s property are split into 2520 portions. Out of these, 1080 are for the children, 390 for the wives, fathers 330, mothers 270, brothers 210, sisters 150, teachers 90”

Reference: `Abd al-Ḥamīd Ishrāq Khāwarī, Ganjīniy-i ḥudūd wa aḥkām, chap. 10, p. 117–119.

The oldest living son has complete rights to the residence of the deceased.

Bahā’u’llāh says in the Book of Aqdas:

“We have assigned the residence and personal clothing of the deceased to the male, not female, offspring, nor to the other heirs.”

It is further explained that:

He specifies that if there be more than one residence, the principal and most important one passes to the male offspring.

Reference: Bahā’u’llāh, The Kitābi Aqdas, p. 186.

Regarding this law `Abdu’l-Bahā states:

“The living residence belongs to the oldest living son, whether or not the deceased as any other wealth. The oldest living son also takes his share from the other belongings.”

Reference: `Abd al-Ḥamīd Ishrāq Khāwarī, Ganjīniy-i ḥudūd wa aḥkām, chap. 10, p. 128.

Thus, if the deceased has left nothing behind but the home he lived in, it belongs to the oldest son and the other heirs have absolutely no share whatsoever!

The Discrimination doesn’t end here.

QUESTION: If the deceased hath not settled his obligation to Ḥuqūqu’llāh, nor paid his other debts, are these to be discharged by proportionate deductions from the residence, personal clothing and the rest of the estate, or are the residence and personal clothing set aside for the male offspring, and consequently the debts must be settled from the rest of the estate? And if the rest of the estate is insufficient for this purpose, how should the debts be settled?

ANSWER: Outstanding debts and payments of Ḥuqúq should be settled from the remainder of the estate, but if this is insufficient for the purpose, the shortfall should be met from his residence and personal clothing.

Reference: Bahā’u’llāh, The Kitābi Aqdas, p. 130.

Courtesy: Twelve Principles – A Comprehensive Investigation on the Bahai Teachings

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s