Does the value of the land that the son bought with his father's consent before his death, from the money the father left, enter into the inheritance, and how is the inheritance distributed?
When a son takes something from his father's money with his permission, there are three scenarios:
1. The taking occurs during the father's non-life-threatening health: This is a valid gift (), but the father must be just among his children. If he dies before achieving justice, the gift is considered valid according to the majority of scholars, while some hold that the money must be returned.
2. The taking occurs during the father's life-threatening illness: The money must be returned because the gift was not completed except during a life-threatening illness. It is considered analogous to a bequest to an heir, which is not valid unless approved by the remaining adult, sound-minded heirs.
3. The taking occurs after the father's death: The gift was not completed, and the money is rightfully owned by the heirs. Therefore, it must be returned and divided according to Islamic law.
We advise consulting courts or directly speaking with scholars regarding matters of inheritance due to their seriousness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/137720
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 137720
- 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