What is the ruling on, and is it permissible to carry out the husband's verbal will to transfer ownership of real estate to his daughter after the wife's death, with the son's consent and waiver, and how is this waiver documented?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
This is a bequest to an heir, and a bequest to an heir is not valid unless the other heirs approve it, due to the Prophet's (PBUH) saying: "Indeed, Allah has given every rightful person their right, so there is no bequest to an heir, unless the heirs wish it." So, if the heirs agree to execute the bequest and relinquish their right to the apartment in favor of the daughter, there is no objection to that. As for how to implement this legally, legal experts should be consulted.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/192144
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 192144
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy