Is the father's bequest to his young son of a plot of land from his share, out of fear of his elder brothers, Islamically valid despite the brothers' objection?
Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 2026
The bequest made by the father to his young son (who is an heir) is not permissible unless approved by the remaining adult, mature heirs, because the Prophet, peace and blessings be upon him, said: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir." Some narrations add: "unless the heirs wish otherwise." Scholars have reached a consensus on this. So, if the brothers do not agree, the land becomes part of the inheritance and is divided. As for those who agree, provided they are adult and mature, their share from it is forfeited.
Summarized from the full answer at Ftawy · imported
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- Original fatwa ID
- 22208
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