What is the ruling regarding the gold that a mother left as a trust with one of her daughters, and should it be divided among the daughters and brothers who received nothing from their parents' inheritance, given that the mother is still alive?
If a person dies and leaves behind wealth, it must be distributed among their heirs. Delaying this is impermissible except with the consent of all heirs, and depriving any of them is also impermissible. What some children did by obtaining their mother's signature for selling her properties is an injustice, and the mother must strive to nullify it. It is not permissible to transgress against the gold entrusted to one of the daughters, as it belongs to the mother, and she has full discretion over it. If the mother wishes to distribute her wealth among her children, she must be just by giving the male the equivalent of the share of two females. If the mother willingly signed over her properties, this is an unfair gift, and she must compensate her other children. The three houses are the father's inheritance, and the wife receives one-eighth of it, while the remainder is for the children, with the male receiving the equivalent of the share of two females. Every heir who has not received their due has the right to claim it, and resorting to legal action is permissible if necessary.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 191837
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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