Is the land inherited by my father, from which females have been deprived for generations, rightfully his? And does the sin fall upon those who preceded him? Can my father divide the land with his sisters to clear his conscience? What is the ruling on the crops my father harvests from this land, and am I sinful for helping him and eating from it?
A father must be equitable among his children in gift-giving, giving the male the equivalent of the share of two females. It is not permissible to favor some over others or to deprive females. If a grandfather gifted land to his male children during his lifetime and deprived the females, it appears that the matter should remain as it is, and the one possessing the land is not required to re-divide it for the following reasons: The majority of scholars hold that favoring some children in a gift is permissible or disliked. The Hanbalis, who prohibit favoritism, say that a gift that has been taken possession of and the giver has died remains in the possession of the donee. This is supported by the of Abu Bakr to Aisha. It is also possible that the women agreed to this favoritism. Therefore, the land remains the property of the one who currently possesses it, and he is permitted to work on it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 19870
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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