What is the ruling on a man relinquishing all his wealth to his daughters and wife in court before his death, and how is the inheritance distributed in this case, and is it redistributed to avoid sin?
If there was no genuine gift or a real sale that met the conditions, then the contract is considered simulated, intended to defraud and disinherit the other heirs. It has no effect, and the property remains an inheritance to be distributed among all heirs according to their legal share.
However, if the man sold his properties to his wife and daughters with a genuine sale while he was healthy, then the sale is valid, and his properties become theirs, and the other heirs have no right to claim inheritance from it.
But if the sale occurred during a death-sickness and he favored them in it, then the sale depends on the consent of the other heirs. If they agree, the sale proceeds; otherwise, it does not.
If he transferred his properties to them without compensation, this is a gift. If it was made while he was healthy and the properties were taken possession of, then the gift is effective. However, if he gifted his properties to them during his death-sickness, then the gift takes the ruling of a bequest to an heir, and it is not executed unless the other heirs consent.
In case of dispute, the matter is referred to the court for resolution.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 134770
- 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