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: FtawySummary from Ftawy's records · added here 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/22208
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 22208
- 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