Is a brother entitled to retract his waiver of part of the inheritance after the agreement on its distribution, if the retraction is due to the disapproval of his full siblings, the ill-treatment by the stepmother and her children, and their failure to enable him to receive his full share?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
A voluntary waiver by an adult, mature heir of their share is considered a valid gift from them. This gift does not become binding and irrevocable unless the donee takes possession of the gift before the donor retracts. If the gift is already in the donee's possession, it becomes binding upon offer and acceptance. The renunciant has no right to retract their waiver if the gift has been possessed, and the injustice of the heirs does not justify retracting the waiver; rather, the renunciant has the right to demand their share from them and take them to court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/127284
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 127284
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy