Does what was sold of land during the father's lifetime by the sons and daughters who accepted the customary division of inheritance fall under the right of the daughter who rejects the division after the father's death and demands her legal right?
Inheritance is the estate of the deceased, not the property of the living. A man dividing his property during his lifetime is a gift (hiba), not an inheritance, and justice must be observed therein among the children, based on the : "Fear Allah and be just among your children." The method of justice is for him to give the female the same as he gives the male, and this is the preferred view. If the giver dies before being just, the majority of scholars hold that the gift is valid, and it is recommended for the favored child to return the gift. As for what has been sold from the gifted property, it cannot be claimed back, because it has become a valid gift. The resolution of disputes falls to the judge.
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