Back to search
The question

Is it obligatory to distribute the gold that the mother bought with the husband's and father's money, some of which is registered in the daughter's name, among the sons, daughters, and husband, knowing that the mother has children from a previous marriage, and is there expiation upon the daughter if the distribution is not carried out?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The husband's share is one-fourth (two shares), and the remainder goes to the children, with the male receiving the equivalent of two females' shares (each son gets two shares, and each daughter gets one share). Thus, the total number of shares is 8.

1. Gold purchased by the mother with the father's money: If the money was a gift from the father to the mother, then the gold belongs to the mother's estate. If she purchased it without the father's permission, then the gold belongs to the father if he is alive, or to his heirs if he has passed away.

2. Gold registered in the questioner's name: If it was a gift and the mother took possession of it on behalf of her daughter, the validity of this is a matter of dispute among jurists (some did not validate it unless the mother was an executor). If the possession was valid, and the mother died after the daughter reached maturity and legal competence, and the daughter did not take possession of the gold, then the gift is void due to the lack of possession. If the gift becomes void due to lack of possession, the gold is considered a bequest to an heir. If all heirs approve it, it is executed; otherwise, it is void.

Inheritance matters must be referred to courts for investigation, due to the possible existence of bequests, debts, or heirs unknown to the current heirs.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
129408
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy