Is it permissible for the children to demand the division of the inheritance (the building) according to Islamic law, with the male receiving the equivalent of two females' shares, after a previous agreement to distribute the apartments equally and the mother's dying wish to that effect, and with 10 years having passed since this agreement?
What the mother did by giving each of her children an apartment is considered a gift (hibah) which necessitates justice among the children, based on the Prophet's (peace be upon him) saying: "Fear Allah and be just among your children." Scholars have differed on the nature of justice between males and females in a gift. Some have said it requires equality, while others have said that a male should be given a share equivalent to that of two females.
Based on both opinions, the two sons do not have the right to demand the return of the gift. If it was a just gift, no one has the right to object. And if it was based on the view that justice in gifts is like inheritance, they also have no right to object for the following reasons: 1. The division was done with everyone's consent, so no one has the right to retract it. 2. Even if we assume some were not satisfied, the contract is binding and cannot be nullified because in such disputed matters, once contracts are concluded or gifts are taken possession of, they are not to be nullified.
Therefore, the matter stands as it was executed: each person has an apartment, and there is no dispute over it. As for the mother's will, it holds no weight because the gift was completed during her lifetime and possession was taken. This will was merely an affirmation and an exhortation to maintain the arrangement and avoid conflict. As for the mother's apartment, it falls under the category of a bequest to her children, and the matter rests with the heirs: if they wish, they can execute it, or they can divide it according to the laws of inheritance.
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