Is the uncle's act of secretly transferring his estate to his four daughters before his death, while suffering from a malignant disease, permissible, and does no one else have the right to share in the inheritance with his daughters, and what is the punishment for that in the sight of Allah, and will he be judged for the intention behind this act, and does the deceased nephew inherit from his uncle who died after his father?
An father's disposition of property through a gift during his death illness is considered a bequest. If the gift is to an heir, it is not enforceable unless the other heirs agree, based on the Prophet's (peace be upon him) saying: "There is no bequest to an heir." The one who does so is considered to be threatened with severe punishment for transgressing Allah's bounds. It is incumbent upon the daughters to rectify the matter, for they are entitled to only two-thirds, and the remainder goes to the other heirs. If the deceased has no heirs other than the daughters and the questioner, then the remainder is for him by virtue of 'asabah (agnatic relationship). A mere intention is not blameworthy. Matters of inheritance are serious and complex, and must be presented to the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/75545