What is the ruling on an oral will that stipulates the allocation of apartment buildings to daughters only, and residential houses to their occupants, knowing that the father registered some properties in the names of some of the sons without including the daughters, and are the registered properties considered part of the inheritance, and how is the inheritance divided in this case?
Wills and Favoritism in Gifts and Properties
1. Bequest to an Heir: A father's bequest that the buildings be for the daughters and the residential houses for their occupants is not legally binding, and the heirs have the right to invalidate it. This is because it is a bequest to an heir and does not become effective unless the mature and sound heir agrees to it.
2. Properties Registered in the Names of Males: If it was during a terminal illness or if the children did not take possession of it before death: It enters into the inheritance, and all heirs have a right to it. If it was not during a terminal illness and the children took possession of it and disposed of it: It is considered a gift to them and does not enter into the inheritance. Favoritism in Gifts: Favoring some children in a gift without a valid reason is injustice and a sin. Justice must be observed among children in giving, based on the hadith: "Fear Allah and be just among your children." Ruling on a Gift After Death: If the father dies before rectifying the injustice, the majority of scholars believe the gift remains valid, while some hold that it is void and the gift must be returned. Sheikh al-Islam Ibn Taymiyyah believes it is obligatory to return it, whether during his lifetime or after his death.
3. Disputes Among Heirs: In case of dispute, the matter must be referred to the Sharia court to rule on the rights and compel the heirs to fulfill their religious obligations.
4. Distribution of Inheritance: It is not possible to detail how the inheritance is to be distributed except after properly enumerating the heirs.
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