Should the rent collected from apartments before the father's death – which he benefited from during his lifetime by prior agreement with his children – be deposited into his account to be inherited, or into the account of the son/daughter who owns the apartment? Similarly, what about overdue rents pertaining to his lifetime that were collected after his death?
It is permissible for a father to divide his properties among his children during his lifetime, and the closer [to the Islamic ruling] is to give the male double the share of the female, unless the mature and discerning children agree to equality, or to allocate [a larger share to] one of the children due to his need.
If the father stipulates that he will benefit from the gifted item for himself during his lifetime, this condition is valid. Accordingly, all monies that the father became entitled to during his lifetime from rent shall be divided among all heirs according to their prescribed legal share, whether received or still debts owed by tenants, because it was a right belonging to him before his death.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 29982
- 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