Is it permissible to divide the father's inheritance in the absence of one of the sons who is imprisoned and for whom no information is available, and in the absence of two of the sons residing abroad? And is it permissible for the father to gift his money to his wife before his death?
First: A bequest to an heir is not permissible except with the consent of the other heirs, based on the Prophet's (peace be upon him) saying: "There is no bequest for an heir." Therefore, your father's bequest of all the money to his wife is invalid as long as you do not consent, and it is only effective for the share of whoever agrees to it.
Second: It is permissible to divide the inheritance in the absence of some heirs. An agreement should be reached with those who are traveling, and their share should be preserved or they should appoint an agent to act on their behalf. The share of the imprisoned person should be preserved until his release.
Third: Regarding the merchandise that is said to belong to your imprisoned brother, the right is established by a witness and the claimant's oath. However, since it is not possible to administer the oath to him now, the witness's testimony is considered a suspicion that halts any action concerning the merchandise until he can be contacted and take the oath. It is advisable to present the case to a Sharia court, or to a knowledgeable and wise person if that is not possible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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