Is a plot of land that the deceased gifted to his son-in-law before his death included in the inheritance to be divided among the wife, the full sister, and the eight sons of the full brother?
If the deceased leaves behind only a wife, a full sister, and sons of a full brother as heirs, then the wife receives one-quarter (1/4) as a prescribed share (fard), and the full sister receives one-half (1/2) as a prescribed share (fard). The remainder goes to the sons of the full brother by way of residuary inheritance (ta'sib). The inheritance is then divided into 32 shares: 8 for the wife, 16 for the full sister, and 8 for the sons of the full brother, with each son receiving one share.
As for the land gifted to the son-in-law before death, the circumstances of the gift must be considered: 1. If the gift was made during the death illness (marad al-mawt), or if the gift was made during health but possession was taken during the death illness, then it takes the ruling of a bequest (wasiyyah). In this case, the son-in-law does not receive more than one-third (1/3) of the estate, unless the heirs permit it. 2. If the gift was made during health and possession was taken at that time, then the gift is complete, and the land becomes the property of the son-in-law. 3. If the gift was made during health or during the death illness, but the son-in-law did not take possession of it until the donor died, then the gift is not complete, and the land is included in the estate.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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