Is a daughter entitled to revoke or cancel her father's land sale contract, based on an amicable division that was not officially registered and did not adhere to Sharia principles, and which the Mufti of Hebron had previously ruled to be void, knowing that the buyer paid a large sum and became the official owner of the land?
The division to which the daughter objected, if it was an inheritance, then it is invalid because an inheritance requires the death [of the testator] to be realized. If it was a gift, then the father has the right to reclaim what he gifted to his daughter, based on the saying of the Prophet, peace and blessings be upon him: "It is not permissible for a man to give a gift and then take it back, except for a father concerning what he gives to his child." For reclamation, it is stipulated that the gift was not a charity, that the child did not incur debts or marry because of it, and that the gift has not increased or decreased in value.
If the father loses the right of reclamation, then the daughter can object only to the sale of her share, not to anything beyond it.
If the daughter objects to the sale of her share, then you have the right to reclaim from your father the portion of the land's price that corresponds to her share.
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- Original fatwa ID
- 86525
- Imported
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- Source text, unreviewed
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