What is the status of the apartment and the deposit that the father disposed of before his death with respect to the remaining heirs?
The two apartments and the deposit are part of the inheritance to be distributed among the heirs, because the mere statement of the father to his son, "Get married in such-and-such apartment," does not constitute ownership. Similarly, mere writing is not sufficient for ownership unless it is accompanied by possession during the father's lifetime. Ownership is not established by the father merely saying, "This is my son's house" or "This is my son's vineyard"; rather, the original property remains inherited, and the son is only entitled to the value of his labor. Therefore, the father's statement to his son, "You may get married in my apartment," does not constitute ownership, and mere writing without possession is not considered valid. Ownership requires a clear declaration, and possession before the death, illness, or bankruptcy of the grantor.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 50469
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy