What is the ruling on an heir giving up his share for financial compensation before the division of the inheritance, if he has seen it but does not know its true value, and is it permissible for the compensation to be less than the true value of his share?
The previous was based on the premise that disinheritance (takhāruj) is a sale in the form of a settlement, and selling an unknown (majhūl) is impermissible. Here, "known" (ma'lūmiyyah) refers to knowledge of the inheritance itself, not its value. If the one making the settlement is unaware of the inheritance's value and trusts the heirs, then their case is that of a "mustarsil" (one who trusts another without reservation), whom it is impermissible to defraud with an unusual degree of deception. Otherwise, they retain the option of rescission due to deception (khiyār al-ghabn), meaning they can either annul or uphold the contract. Defrauding a mustarsil is usury. It is advisable to inform this heir of the inheritance's value, for the Prophet, peace and blessings be upon him, said: "And sincerity (nush) to every Muslim."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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