Is it permissible for a father who inherited land and has two disabled paternal aunts to divide their share among his four other paternal aunts, while registering the land in his name and writing a document guaranteeing only the usufruct for the two disabled paternal aunts without the right of disposal? And if it is not permissible, would the money distributed to the paternal aunts be considered a gift from the two paternal aunts, and would the land then rightfully belong to the father? And is it permissible for the children to inherit the entire land after the father's death, or must the share of the two disabled paternal aunts be extracted and divided?
Two matters are understood from the question:
1. The father compensating his four paternal aunts for their share of the land with money. This is permissible provided they consent and are not underpaid. 2. He divided the share of the two sick aunts, monetarily, among the four aunts.
However, his statement, "and he wrote a document stating that these two aunts have the right to benefit from their share of the land during their lifetime, but they do not have the right to dispose of it," is not fully understood.
If the disability is physical and the intellect is sound, and the two aunts are adult and of sound mind, and they bequeathed their shares to their sisters, then there is no objection. However, the question raises doubt as to whether the father divided it without their agency.
If the disability is mental, preventing them from disposing of their wealth, then their consent is not valid. It is not permissible for the father to take any of their money for himself or for his sisters. Rather, he should only spend on them from it. In this case, your father guarantees the money if he distributed it, and their share of the land remains theirs. Its income should be spent on their needs. If the income is insufficient, then part of the land should be sold to cover their expenses, provided that the sale is at market price.
In summary, the share of the four paternal aunts from the land has become the father's property if he purchased it from them through a valid sale. As for the share of the two aunts, it depends on the type of disability, as detailed above.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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