Is the mother's silence, after expressing her desire to her son's wife that the property gifted to the male children be divided, considered a sufficient legal division to change the gift and divide the inheritance to include females, especially since the gift was made when she was in good health and of sound mind?

The sale of a property by a mother to her children falls into one of the following categories:

1. Genuine Sale: If the sale is genuine and not simulated or preferential, it is valid and effective, even if it occurs during a death-bed illness. The property is transferred to the ownership of the children and does not become part of the inheritance. Only the remaining amount of the sale price is then distributed.

2. Simulated Sale (Gift):

During good health: If it was a simulated sale and possession was taken during her lifetime, it is a complete gift. In this case, she was obligated to treat her sons and daughters equally. If the mother dies before revoking or adjusting the gift, the gift is considered effective according to the majority of scholars, while some held that it is invalid and must be returned.

During a death-bed illness: If the simulated sale occurred during a death-bed illness, it is considered a bequest. Since a bequest to an heir is forbidden by Islamic law unless the other heirs consent, it is not effective unless they agree. Otherwise, the property must be returned to the estate and divided according to Islamic law.

3. Preferential Sale: If the mother sells the property for less than its market value:

During good health: The sale is valid.

During a death-bed illness: It is considered as a bequest, and the rulings applicable to a bequest to an heir apply to it.