Is the father's sale of half his land to the sons of his eldest and middle sons, without receiving payment, and several months before his death, considered valid or void and a stratagem against the remaining heirs when dividing the inheritance?
The rulings concerning a grandfather's gift to his grandchildren through a fictitious sale during his lifetime vary:
1. If the gift was made during his health and the grandchildren took possession of it: This is a valid gift according to the majority of scholars, and he is sinful if it was a stratagem to increase the son's share.
2. If it was made during his health but the grandchildren did not take possession of it until the grandfather died: Jurists differ on this. The Hanafis, Malikis, and some Hanbalis consider it void, while the Shafi'is and Hanbalis consider it not void, and the heirs take the place of the donor in granting permission or revoking it.
3. If the gift was made during a death-bed illness (marad al-mawt al-makhouf): It takes the ruling of a will and is valid within the limits of one-third of the wealth. Any excess depends on the heirs' permission. This is the view of the Malikis and Hanbalis. As for the Hanafis and Shafi'is, they consider it void if possession was not taken.
Due to the existing differences of opinion, it is advisable to consult scholars to resolve disputes among 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
- 19071
- 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