Are the heirs of the paternal uncle obligated to carry out his oral will to his sisters to give them a share of land that they had previously officially relinquished to him?
If the adult, competent sister relinquishes her share of the inheritance to her brother, and the brother takes possession of this share, then the gift is complete, and her children have no right to claim it. As for the brother's statement that he would give his sisters their share, if he intended to do so during his lifetime, and he died without giving them anything, then they have no right to it because the gift was not completed. If he intended to do so after his death, then this is a will that is only valid up to one-third of the estate if the sisters are not heirs. In case of dispute, the matter must be referred to the court or to a qualified scholar capable of adjudicating.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 190573
- 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