Is the division made by the father during his lifetime regarding his estate, in which he allocated agricultural land and an old house to some of his children, and divided another house in Sana'a among five people (the father and his four sons), and assigned the father's share (one-fifth) to his nine daughters and his wife, valid and Sharia-compliant, or must the estate be divided according to Sharia law?
A father's gift to some of his children to the exclusion of others is legally valid if the remaining children consent. However, the father's will to divide the Sana'a house among his four sons, with a fifth share for the daughters and wife, is legally invalid because it is a bequest to an heir, and it is not permissible except with the consent of the heirs. Therefore, the house shall be divided among all heirs according to Islamic law: the wife receives one-eighth, and the remainder is for the children, with the male receiving the share of two females. The inheritance is to be valued at its price at the time of division.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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