Are the two feddans that the man sold to his daughter before his death considered part of the inheritance, or are they exclusively her right by virtue of the sale and purchase contract?
If the sales contract was genuine, then the daughter owned the feddans, and the heirs have no right to them. However, if it was a fictitious contract, and in reality, a gift, then if possession was taken and the father relinquished control of it during his lifetime and health, the gift is complete, and the heirs have no right to it. But if he did not relinquish control of it or if possession was not taken before the father's death, then it falls within the estate. If it was a preferential sale (bay' muhabat) and occurred during his health, then the sale is valid, and the daughter owns the feddans. In case of disagreement, the matter should be referred to the judiciary or to those who are qualified to judge among the people of knowledge.
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