How is the share of a father who died before his own father divided, in a plot of land that the grandfather had equally divided among his children before his death, knowing that the children had agreed to the division? And is it considered a gift or an inheritance?
If the grandfather divided the land among his children during his lifetime and enabled them to dispose of it, then it is a complete gift (). However, if he divided it on the condition that they take possession of it after his death, or if he gifted it to them while he was in his death illness (marad al-mawt), then it is a will (wasiyah) and not a gift. Gifts made to heirs during a death illness are not enforceable and are considered a will. In this case, the land is to be divided among all heirs according to the Islamic legal division, and the son who died before his father does not inherit. Disputed matters must be referred to the court.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 179145
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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