What is the ruling on a daughter ceding her share to her brother, and is it permissible for a father to write the entire house to his son during his lifetime?
It is not permissible for a father to write over any of his property to one of his heirs to be taken after his death, because the Prophet, peace and blessings be upon him, said: “Indeed, Allah has given every rightful person his due right, so there is no will for an heir.” If a father bequeaths something from the inheritance to his son, the will is invalid and does not come into effect unless the heirs approve it and they are adult and of sound judgment. We advise the father not to preoccupy himself with what has not yet occurred. If he passes away and has a son and a daughter, they should divide the inheritance according to what is prescribed in Islamic law. At that point, if the daughter wishes to waive her share to her brother while she is an adult, of sound judgment, and acting of her own free will, then she is permitted to do so.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 84788
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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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