Is the mother entitled to an apartment like her siblings, and was the grandfather just or unjust, based on events related to her father's renting of a garage in the grandfather's building and the subsequent disputes over construction costs and claims that her father received her share in the apartment?
If the father rented a garage from the grandfather and installed water and electricity in it, and upon leaving, the father asked the grandfather for the expenses he had incurred, the grandfather initially refused but then gave him the amount. After the father's death, the maternal uncles prevented their sister (the mother) from receiving a share in the building, claiming that her husband had taken her share in the apartment, and that her sister's husband had paid half the price, and that the grandfather had written the rental contract for the aunt, while every child of the grandfather benefited from an apartment they resided in and paid rent for, except for the mother. So, if the deceased is the father, the mother has the right to receive an apartment like her siblings; otherwise, the grandfather has wronged her, because justice among children in giving gifts is obligatory. However, if the deceased is the grandfather, the mother has the right to a share of his inheritance according to her portion, and no one can annul that right.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 81177
- 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