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The question

What is the jurisprudential ruling concerning the division of the inheritance of a deceased father who, during his lifetime, distributed apartments among his male and female children in varying ways, while some rented apartments and others vacant ones remain, and should the rent of the remaining apartments be divided, with the male receiving the share of two females?

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

The most preponderant opinion concerning a father's gift to his children is that there should be equality between males and females. If there is a legitimate reason for a difference in value, such as varying specifications of apartments, then there is no harm. The gift is valid provided that the donor is in good health and that the legal possession is complete.

If the gift was not equitable and the donor died before reclaiming it, it becomes definitively established for the donee according to the majority of scholars, though it is recommended for the children to return it.

Therefore, it is advised to equalize the gift such that the male receives the same as the female in the giving, and to seek the help of experts in this matter. Then, the remaining inheritance should be divided according to Islamic law, or a mutually agreeable solution should be reached.

It is recommended to refer to the Sharia courts in case of disagreement, given the sensitive and complex nature of inheritance matters.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
141114
Imported
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