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Is the brother's statement, "The three dunums are for the three unmarried sons and the two daughters," considered a will that must be executed, or is this land considered part of the brother's property and distributed as an inheritance according to the laws of inheritance in Islamic Sharia?

1 min readAlso available in العربية

The statement that the three dunams for unmarried sons and daughters are considered a gift (hibah): if they took possession of them before the death of the donor, then their ownership is established. Otherwise, the gift becomes void and part of the estate, because a gift is not binding except by taking possession or seizure (qabd or hiyazah). It is considered a will (wasiyah) if he gifted it during his death illness and it is disbursed from one-third of his estate, or if the donor said that it would become their property after his death.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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