Is it permissible to re-distribute the estate of the deceased father five years after his death, even though he had distributed it during his lifetime with the knowledge and unobjected consent of his daughters at the time?
If a father gives possession to his children during his lifetime and they take possession of what he has given them, then it is a valid gift (hiba). However, if he gifts them something but they do not take possession, or if he bequeaths them part of the inheritance, then neither the gift nor the bequest is effective unless the heirs consent. If the gift is valid or the bequest is effective, then this action by the father is not sound, because it is a stratagem against some heirs, stirs up resentment among them, and violates the command of the Prophet, peace and blessings be upon him, to be just among children. The inheritance is to be divided among the heirs as Allah has commanded.
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- Original fatwa ID
- 55409
- Imported
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