Are the mother's dispositions of her property, by writing 75% of it to her two daughters, a gift or a deprivation of inheritance? Does it necessitate doubt in her intention to distribute the inheritance, even if by way of recommendation? Will everyone be rewarded for that? Is the house about which she said, "O Lord, I donate this house to my daughters for them to live in," considered a complete gift or only for the residential part? Does the father inherit one-quarter of the mother's estate, given the doubts about the occurrence of divorce due to his nervousness?
What the mother wrote in the name of her daughter and her sister is not considered a binding gift, rather, the properties must be taken possession of and disposed of as owners. If the donor dies before the gift is taken possession of, it becomes part of the estate. This applies to the house under construction; it is an unpossessed gift, so it falls within the estate. If the heirs return the rights of people that the deceased owed them, his conscience is cleared. As for whether the marital bond between the parents remains or not, it cannot be ruled upon due to lack of detailed information regarding the divorce, reconciliation (raj'ah), and the waiting period ('iddah). Therefore, trustworthy scholars should be consulted.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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