What is the ruling on benefiting from land that the grandfather acquired by deceiving its owner, then the owner forgave him before his death, and the land remained registered in the name of the grandfather's heirs?
Usurping land is a grave sin. The usurper, or whoever subsequently acquires the usurped land, must return it to its owner or their heirs. If the owner of the land forgives the usurper during their death illness, this does not nullify the right of their heirs to the land. This is because forgiveness often constitutes absolution from sin only, and not from the obligation to restore the right. Even if the forgiveness was intended to absolve both matters, the actions of a sick person during their death illness, such as gifting or absolving debts, are treated as a will. Therefore, such actions are only effective within the limits of one-third of their property, and anything exceeding that is dependent on the approval of the heirs.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/112202
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 112202
- 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