Is it permissible for the eldest brother to disinherit his sisters, claiming that their father verbally willed that they are not entitled to the inheritance? Is he entitled to keep a plot of land, claiming it is for males only? And is it permissible for a sister to waive her right to inheritance in obedience to her mother?
The question includes two matters: First: The father's gift to you during his lifetime. It is obligatory for the father to be just among his children in giving gifts, so that the male is given a share equal to that of two females. Preferring some children over others without a valid reason is a type of injustice. If the father dies before retracting his unfair distribution, the gift must be returned. Second: The father's bequest to your brother. A bequest to an heir is not permissible unless the other heirs approve it, due to the saying of the Prophet, peace and blessings be upon him: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir." Causing harm through a bequest is religiously forbidden, such as bequeathing more than one-third or with the intention of depriving others. We advise gently and kindly counseling your brother regarding the impermissibility of a bequest to an heir unless the other heirs permit it. If you are in need of this inheritance or if foregoing it would cause harm, then claim it. However, if you are self-sufficient and believe that waiving some of your rights would lead to reconciliation, then you may waive your share if you willingly agree to do so.
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- Ftawy
- Original fatwa ID
- 94574
- Imported
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- Source text, unreviewed
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