Do the mother and her sisters sin if they insist on dividing an inheritance that was amicably settled ten years ago, and they do not relinquish the shops after the maternal uncle demanded a redistribution? And what is the legitimate solution in this situation?
If the grandfather divided his wealth and gave it to his children during his lifetime, and they disposed of it as owners, then this is a gift (hiba), and it has two scenarios:
1. Scenario One: If he gifted them during his good health or during a non-life-threatening illness, then the gift is complete and cannot be objected to. It is binding, even if it was not entirely equitable, as long as the grantor has passed away. 2. Scenario Two: If he gifted them during a life-threatening illness, then it is a gift that takes the ruling of a will (wasiyya). It is not valid for an heir unless all heirs consent to it. If consent is given after the death, then no one has the right to demand a re-division, unless they did not agree to it initially.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/137404
- Source platform
- Ftawy
- Original fatwa ID
- 137404
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy