The mother gave one of her sons a plot of land to sell and buy a house for marriage, and his sisters forgave him their share. The mother asked him to give his brothers some of his share in his father's inheritance in return. The questioner asks: 1- Are his brothers entitled to take a portion of his share in his father's inheritance, and what is the percentage? 2- Is it true that the mother told the young men to sell the land and take it for themselves before giving it to him? 3- Is the land that became his property before his mother's death considered part of the inheritance?
The ruling on the mother's gift of lands differs according to two situations:
1. If the gift was made during a death-illness, it is treated as a will and is not enforceable without the consent of all heirs.
2. If the gift was made in good health, it is not permissible to favor some children over others unless everyone agrees.
Accordingly: - The lands must be divided among all heirs, male and female, with the male receiving the share of two females. - The daughters have the right to waive their share by their consent after they have acquired it. - If the daughters waive their shares, the lands are divided equally among the male siblings. - It is not permissible to take the lands individually without the consent 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
- 19756
- 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