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The question

How is our father's estate to be divided, considering that he married off all his sons except the youngest, and is only what remains to be divided, or everything he left, including the apartments he allocated to my brothers? And is what the father gifted to his children in terms of houses before his death considered a gift that does not enter into the inheritance? And is our father sinful for refusing to write a piece of land to my mother, which had been sold for my brother's marriage, after my mother's death, so as to protect the feelings of my eldest brother from my father?

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

If a father marries off his sons and equips his daughters, but does not do the same for his youngest son because the son has not reached maturity or the father became incapacitated until he died, then the youngest son is not obligated to be given a dowry and an apartment from the estate. This is because the estate has already transferred to all the heirs. If the father discriminated in his gifts and died before reclaiming them, they become firmly established for the donee, and the heirs have no right to reclaim them. As for gifts that the father gave during his lifetime as a pure donation (hiba) and possession was taken, they are not included in the estate. However, if they were a loan (ariya), then they are included. Regarding the plot of land that the father sold, which belonged to the mother: if the mother permitted him to sell it without compensation, then she has no claim against him. If it was with compensation, then she has that claim against him. Upon her death, her right transfers to her heirs, and his share from it is forfeited. The remainder of the estate is given to the mother's heirs, and he must be forgiven. It is advisable to refer to the Sharia courts for matters concerning inheritances due to their seriousness and complexity.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
72328
Imported
Translation status
Source text, unreviewed
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