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Is it permissible for a father to divide his properties among his children during his lifetime through gift contracts that were not delivered to them before his death, and if not, is it considered an inheritance to be divided according to the prescribed share (al-faridah al-shar'iyyah)?

1 min readAlso available in العربية

A person's division of their wealth among their heirs during their lifetime by way of a gift (hiba) becomes effective if each one takes possession of their share before the donor's death or the onset of an illness that prevents them from disposing of their property. This is because the determining factor in a gift is possession (hiyaaza). If possession is completed, the gift is established; otherwise, the wealth remains an inheritance.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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