Is it permissible to give the disobedient son who agreed to an amount less than his legal share the sum he himself specified, knowing that the mother transferred ownership of some of her properties before her death and disinherited this son, and that all parties, except for him, had agreed to the division before the mother's death?
Striking and abandoning one's parents is among the greatest forms of disobedience (uquq), and uquq is a major sin. However, it is not an impediment to inheritance. A disobedient son inherits from his father due to kinship.
If the mother transferred ownership of the house and shop to her children on the condition that they receive them after her death, this is a bequest to an heir, which is impermissible according to Islamic law. The house and shop must be divided among all heirs, including the disobedient son.
However, if the mother gifted them the house and shop during her lifetime, while she was not suffering from a life-threatening illness, and they took possession during her lifetime, then this is considered a valid gift. The sons would own the shop and the daughters the house. The disobedient son would have no share in the house and shop because they were not owned by his mother at the time of her death.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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