Is it permissible for a husband to suggest to his wife that she take her share of the inheritance as land, and forgo the rents due to the complex issues involved? And if this is done, is it necessary to carry out a discharge (takhāruj) among the heirs?
The wife has the right to demand a division of the inheritance, and the remaining heirs must comply. It is permissible for the heirs to agree upon paying her share from the land, or compensating her for it, even from outside the inheritance, if she consents. This is called "Takhāruj" (mutual agreement for one heir to relinquish their share). Takhāruj is when heirs reconcile to exclude one of them from the inheritance in exchange for a known item from the estate or from outside of it. Heirs must respond to any heir who wishes to receive their share of the inheritance. As for Takhāruj, it can only occur by mutual consent. The preferable option is to divide the inheritance, and whatever the heirs agree upon regarding the division or relinquishment is permissible.
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
- 116524
- 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