Is it possible to calculate the inheritance in the case where the deceased left two sons and three daughters, and the father bequeathed to his unmarried daughter a house larger than the houses he bought for four of his children whom he married off?
If the heirs are limited to male and female children, the inheritance is divided according to the verse: "Allah instructs you concerning your children: for the male, what is equal to the share of two females," such that the son receives two shares and the daughter receives one share out of seven shares. As for a father's bequest of a house to his daughter, it is invalid because it is for an heir, unless all other heirs agree. A father's injustice in gifting to some of his children to the exclusion of others is forbidden, but the gift becomes effective upon the death of the giver according to the Hanbalis, even though Shaykh al-Islam views that justice is obligatory and that the gift can be revoked even after the giver's death. It is advisable not to rely solely on oral fatwas regarding inheritance matters due to their serious nature, and it is necessary to refer them to the Sharia courts to investigate all rights, bequests, and debts related to the inheritance.
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- Original fatwa ID
- 129308
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