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The question

Does the value of the land that the son bought with his father's consent before his death, from the money the father left, enter into the inheritance, and how is the inheritance distributed?

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

When a son takes something from his father's money with his permission, there are three scenarios:

1. The taking occurs during the father's non-life-threatening health: This is a valid gift (hibah), but the father must be just among his children. If he dies before achieving justice, the gift is considered valid according to the majority of scholars, while some hold that the money must be returned.

2. The taking occurs during the father's life-threatening illness: The money must be returned because the gift was not completed except during a life-threatening illness. It is considered analogous to a bequest to an heir, which is not valid unless approved by the remaining adult, sound-minded heirs.

3. The taking occurs after the father's death: The gift was not completed, and the money is rightfully owned by the heirs. Therefore, it must be returned and divided according to Islamic law.

We advise consulting Sharia courts or directly speaking with scholars regarding matters of inheritance due to their seriousness.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
137720
Imported
Translation status
Source text, unreviewed
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