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The question

Is it permissible for brothers to condition their sister's right to her share on their utilization of the well and services, after their deceased father had allocated the well to his daughter while allowing everyone to benefit from it, thereby depriving her of her right? And does the condition set by the deceased remain valid after his death?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

A person is permitted to divide his wealth among his heirs during his lifetime, provided that he adheres to the Islamic division, and that the heirs take possession of their shares and dispose of them. If some children are favored, and they are adult and mature and consent to it, then there is no harm.

However, if the mother is unable to fully benefit from her share, or if she is harmed, then the condition is rescinded or the division is redone for two reasons: First, if an unjust gift is made and the giver dies, it becomes part of the inheritance and is re-divided unless the heirs consent, this being in obedience to the justice commanded by Islamic law. Second, if the condition is implemented after the father's death, it is considered a bequest to an heir, and such a bequest is not enforceable without the consent of the other heirs. If a dispute arises, the judiciary is the reference.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
18561
Imported
Translation status
Source text, unreviewed
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