What is the ruling on the money paid to issue a waiver document? Is it a bribe? If so, what should a mother do if she knows it is a bribe, yet the rest of the heirs insist on proceeding with it? How can she determine her true share of the sale? Is it permissible for her to take her share if her two brothers paid the bribe? If it is not permissible, should she donate her share as charity or relinquish it?
A sale that fulfills its Sharia-compliant conditions is valid and binding. Its validity does not depend on administrative documentation, and it is not permissible to stipulate a condition that restricts either the seller or the buyer. If such a condition exists, it is void. The mentioned condition contradicts the intent of the contract; if it is nullified, the sale is valid; otherwise, it is invalid. An invalid sale is executed if the sold item is no longer in the buyer's possession, such as building on land if the construction involved significant cost. It is permissible to pay money to document land ownership if that is the only way to obtain the right, and this is considered a form of bribery that is prohibited for the one who takes it. The mother can take her share if the maternal uncle pays the money on her behalf, and he has the right to reclaim what he paid from her. Determining the mother's share depends on knowing the heirs.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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