Does a daughter born to a second wife have a share in her father’s inheritance, which was sold to his male children before he consummated his marriage with her mother, and the contract was drawn up to protect the inheritance from being lost?
A fictitious sale between a father and his children is a gift (hibah), and in contracts, what matters is the meaning, and a gift is valid with anything that indicates it. If a father gifts his children, and then is blessed with a daughter from a second wife, there is a difference of opinion among jurists regarding the obligation to equalize this daughter with the rest of the children. The more cautious approach is to equalize all children, either by returning what some children were favored with, or by completing the share of the others. If a man sells what he does not own, he must repent and return the money to its rightful owners. It must be noted that a gift intended to disinherit heirs is not permissible.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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