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Is it permissible for parents to divide land among their sons and their deceased daughter (giving her share to her children) such that the male receives the equivalent of two females' shares before their death, provided that the children invest in the land and give the parents 20% of the profit, and that if they fail to invest, the land is temporarily reclaimed from them?

1 min readAlso available in العربية

It is permissible for parents to divide their lands among their children as a gift (hiba) rather than an inheritance. However, stipulating a percentage of the profit makes it a conditional gift, and scholars have differed on the validity of a gift conditioned upon a stipulation. Even if a conditional gift were valid, the mentioned condition prevents full possession of the land, and a gift is not perfected until it is possessed and the donee disposes of it as an owner.

Therefore, this gift was not perfected, and the lands become an inheritance after the death of the bequeather. There is no harm for the man to give the land to his heirs for them to cultivate it in exchange for a portion of the produce that they agree upon. After his death, each heir takes their share. As for the children of the deceased daughter, the bequeather can bequeath to them up to a third of the estate.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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