Is a daughter born to a second wife entitled to a share of her father's inheritance, which was sold to his male children by virtue of a contract signed and thumb-printed by the father, and this occurred after the marriage contract with the second wife and before consummation?
First: A man selling his mother's and siblings' share of the inheritance without their permission is forbidden and constitutes unjustly consuming wealth. He must repent and restore the rights.
Second: If a father grants a gift to his children and then is blessed with another child, he must be fair among them in the gift by giving the new child the same as his siblings or by reclaiming a portion of their gifts, because justice among children in giving is obligatory, and a male receives the share of two females.
Third: A gift is not binding unless it is taken possession of. If the father did not hand over the money or property to the children, then the gift is not binding and reverts to the estate after his death. A simulated sale has no legal value. If the father dies, the children must establish justice and divide all the wealth among themselves equally as Allah has commanded.
Fourth: A simulated sale intended to deprive the second wife or her children of inheritance is a forbidden deception.
Fifth: A man cannot be compelled to give a gift to his children, because a Muslim's wealth is not permissible unless given with his willing consent, but it is permissible to invite and encourage him to do so.
Sixth: The time of the gift does not affect the obligation of justice. If the gift cannot be documented except through a simulated sale, then he must sell the daughter her share as he sold to her brothers, or reclaim what achieves equality.
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- Source platform
- Ftawy
- Original fatwa ID
- 19822
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
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