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The question

Is it permissible to waive one's inheritance in favor of one of the heirs, and do the daughters' children have the right to claim it after the death of the one who waived it and all parties?

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

1. A woman's relinquishment of her inheritance to her brother is considered a gift and is valid if it fulfills the conditions of a gift: that the donor is not suffering from a death-bed illness and that the gifted item is taken possession of. Her heirs would then have no right to claim it afterwards. However, if the gift was not completed before the donor's death, her share would then go to her heirs.

2. A child's testimony that their paternal aunt relinquished her share to their father is not legally accepted because it is subject to suspicion. The testimony of ascendants for descendants, or descendants for ascendants, is not accepted.

3. If the aunt's heirs demand her share and disagree with her brother's heirs regarding the establishment or completion of the gift, the matter must be referred to the court to hear the parties and request evidence.

4. The children of a daughter do not inherit from their maternal grandmother; they are considered "Dhawi al-Arham" (relatives by blood) and not legal heirs.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
184525
Imported
Translation status
Source text, unreviewed
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