Back to search

What is the ruling on the half-brother's disposition of the inheritance, including the house, and his giving it away as charity, and the ruling on the lands planted with trees, which are state property, and do they enter into the inheritance?

2 min readAlso available in العربية

If the deceased left only a brother from the mother's side (maternal half-brother) and paternal cousins (sons of paternal uncles), then the brother from the mother's side inherits one-sixth as a fard (fixed share), based on the Almighty's saying: "And if a man or woman has a distant relation (not a parent or child), and he has a brother or a sister (from his mother’s side), then for each one of them is the sixth." The remainder goes to the paternal cousins by ta'sib (residuary inheritance), based on the Prophet Muhammad’s (peace be upon him) saying: "Give the fara'id (fixed shares) to those entitled to them; then whatever remains is for the nearest male relative." The inheritance is divided into eighteen shares: three of them for the brother from the mother's side, and five for each paternal cousin.

As for the brother from the mother's side donating the house and land, there is no objection if it was with the permission of the adult and discerning heirs. However, if it was without their permission, or with their permission while they were not adult or not discerning, then he is liable for what they lost from their inheritance, because the house and land do not belong to him alone but to the heirs. His charity with someone else's property without their permission is not valid, and the consent of a minor or a non-discerning person is not considered. If the land was developed by the deceased (i.e., brought into cultivation), it became the property of his heirs. If he did not develop it, his heirs have the right to utilize it. In either case, the brother does not have the right to donate it as charity. The family to whom the house and land were donated must return what the giver did not own to the heirs if it becomes clear that the brother made a mistake in his action.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy