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The question

Is a she-camel that a father gifted to his son during his lifetime, and then the father died, considered part of the inheritance and must it be returned?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

This gift does not fall outside two scenarios:

First: If the gift was made during a death-bed illness or a life-threatening illness, it is not executed and takes the ruling of a bequest. A bequest to an heir is not executed except with the approval of the rest of the heirs.

Second: If the gift was made while the donor was in good health and the son took possession of it before the father's death, then the gift is valid, except according to Ahmad, who forbade it unless there was a reason, such as the son's illness or large family.

Equality among children in gifting is desirable in Islamic law. It is preferable for the questioner to return the she-camel and achieve justice.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
45136
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.
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Read the full answer on Ftawy