What is the ruling on money written in the name of some heirs in savings certificates? Is it permissible to take the legal share from these allocated funds, leaving the remainder to be distributed according to Islamic law, while holding accountable those who refuse the division?
The money left by the father in the name of some of his children must be divided among all heirs, because it is not a gift, but rather an act done by the father to avoid taxes, or it is an unjust gift that must be returned to the estate. Sheikh al-Islam Ibn Taymiyyah said: "The correct view among the two sayings of the scholars is that he who singled out his daughters with a gift to the exclusion of his other offspring must return it during his lifetime, and if he dies without returning it, it shall be returned after his death." The siblings must disclose this money so that it can be divided among everyone, and what they take from the share of others is unlawful and impermissible gain, and the Fire is more befitting for every body nourished by unlawful gain. It is not permissible to estimate the money and take a share; rather, the money must be returned to the estate and divided among all heirs. If some refuse and insist on injustice, then the rest must divide their money among all heirs except the usurpers. As for the usurious gains accrued to the money before death, they are added to the estate, and what came after death must be disposed of.
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