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The question

Is it permissible for a mother to وقف (waqf) more than half of her property, compelling her children to sign off on that, and is it valid to grant one of the children ownership of a portion of the remaining inheritance during her lifetime?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the mother dedicates property as a waqf while in good health, the waqf is binding, and the heirs have no right to it. However, if the dedication is made during her death illness (marad al-mawt) or as a bequest after death, it is valid only up to one-third of the estate. Any amount exceeding this is subject to the heirs' approval.

As for what was written in the name of one of the sons, there are two possibilities:

1. A forbidden gift (hiba muharrama) given during the mother's lifetime and health. Its ruling has been explained in previous fatwas. 2. A bequest made after death or during a death illness. This is considered a bequest to an heir and is dependent on the approval of the other heirs after the mother's death. Their approval during her lifetime is not considered.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
154681
Imported
Translation status
Source text, unreviewed
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