What is the ruling on not executing the parents' verbal will to transfer ownership of the apartment to the sister, and instead, merely giving her her rightful share of it according to Sharia?
What the parents issued is not considered a transfer of ownership to the daughter, and even if they made a will to that effect, it is a bequest to an heir, which is not permissible according to the saying of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has given every rightful person his right, so there is no bequest to an heir." Since a bequest to an heir is not enforceable except with the permission of the heirs, they cannot be compelled. The apartment is part of the inheritance and is not exclusive to the sister or any other heir. It is advised to appease the sister's feelings to preserve affection, kinship ties, and filial piety towards the parents.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 187157
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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