Is it permissible for a mother to waive her share of inheritance in favor of the children of her deceased son, and what is the ruling on the deceased's sisters objecting to that on the pretext of the mother's illness?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Illness does not prevent one from disposing of their wealth through a gift as long as the person is of sound mind and mature, and the illness is not a death-bed illness. However, if a person's mind changes due to senility, or if the illness is a death-bed illness, then their disposition is not effective and is considered in the حكم of a will.
A death-bed illness is an illness that medical professionals have determined to have a high mortality rate.
The daughters have the right to ask their mother not to proceed with the gift and to retract it, due to the potential harm that might befall them because of it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/125386
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 125386
- 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