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The question

Are the real estate and money that the father distributed among his sons and daughters before his death, from which he excluded one of his sons, considered an inheritance that must be divided or a valid gift?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

The first advice is to pray for mercy and forgiveness for the father.

What the father bestowed upon his children during his lifetime and which they possessed before his death, becomes their private property, and other heirs do not share in it, even if it involved injustice. This is the view of the majority of jurists. If the father dies before reclaiming the gift, it remains valid for the donee. However, Sheikh al-Islam Ibn Taymiyyah preferred the permissibility of revoking an unjust gift even after death.

As for a gift made with the condition that it not be disposed of until after his death, this is not considered valid, because it is a bequest to an heir, and it does not nullify the right of the other heirs.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
125208
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.
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Read the full answer on Ftawy