Is the female questioner entitled to demand the return of the plot of land that her father gifted to her and then reclaimed to settle a debt before his death, knowing that the debt was not settled before his death?
The debts of the deceased are paid from their estate before the division of inheritance. As for your multifaceted question, it is best to consult scholars directly for a more accurate answer. Here is some general information:
1. Validity of a husband's gift to his wife: There is disagreement among scholars regarding this. 2. Father's fairness in gifting: A father is obligated to be fair among his children. There is disagreement regarding the ruling and the enforceability of a gift if fairness is not observed. 3. Donor's retraction of a gift: If the gift was gratuitous (without compensation), the father has the right to retract it as long as it remains in its original state. Therefore, your father's retrieval of the land he gifted you is valid, and it is considered part of his estate after his death. 4. Gift made during death illness (Marad al-Mawt): If your father's illness was a death illness (one that is feared and leads to death), then the gift takes the ruling of a will (wasiyyah). Thus, it is not permissible for an heir, nor for more than one-third of the wealth, unless the heirs approve. 5. Disagreement among heirs regarding division: If the heirs disagree on the division, the matter should be referred to a Sharia court to resolve the dispute and ensure rights are given to their rightful owners.
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- 162116
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