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The question

Is it considered a sin to withhold the father's inheritance that was denied to some rightful heirs, after the sons conducted an inventory of the estate and divided the inheritance among themselves, and what is the status of sinfulness in this case; does it fall upon the deceased father or transfer to the sons?

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

We advise you to make abundant supplications and seek forgiveness for your parents. Registering properties in the wife's name is considered a past gift and is not returned to the estate after his death if it was written during a period other than his death illness, and the wife took possession of it, and your father relinquished his control over it. However, if the writing took place during his death illness, or the wife did not take possession of it until the deceased passed away, then the gift is not valid, and the properties revert to the estate to be divided according to Islamic law. The wife does not have the right to prevent her children from their rightful share according to Islamic law, nor does she have guardianship over their wealth unless she is an appointed guardian, and her prevention is considered an infringement. Such disputes should be referred to the court or discussed with scholars to hear all parties. If a person dies leaving behind a wife, two sons, three daughters, a paternal grandfather, and a paternal grandmother, and no other heirs, then the wife receives one-eighth, the paternal grandfather receives one-sixth, the paternal grandmother receives one-sixth, and the remainder goes to the two sons and the daughters by way of ta'sib, with the male receiving the share of two females.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
178287
Imported
Translation status
Source text, unreviewed
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