Is it permissible for my maternal aunt to donate a plot of land to me, given that she is one of its rightful heirs and they have all agreed to it, especially since we are all in need?
Your maternal aunt is permitted to give you charity or to grant you whatever she wishes from her wealth, provided she is legally competent to dispose of her assets and does not condition it upon her death. However, if she conditions it upon her death, or if her weakness is due to a life-threatening illness, then her grant is not valid beyond one-third of her wealth. Any amount exceeding that depends on the approval of the heirs after her death, because in this case it is treated as a bequest.
If the gift was for you and you took possession of it in a legally valid manner, there is nothing wrong with it as long as your maternal aunt is of sound mind. However, if your intention is that she gave charity on your behalf to another person, it is also valid under the same conditions. Nevertheless, it is more virtuous for her to give charity to her needy relatives, based on the Prophet's (peace be upon him) saying: "Charity given to a poor person is charity, and charity given to a relative is both charity and maintaining kinship ties."
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- Original fatwa ID
- 69607
- Imported
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- Source text, unreviewed
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