Fatwaa ID: 413
“A mother has 4 children and she wants to divide their inheritance in her lifetime. The issue is that 2 out of 4 her children are extremely greedy and disobedient. They don’t keep contact with their mother and when they do speak to her, they are very rude. If the mother wants to take them out of her will and give her inheritance to her other 2 kids, will that be permissible? She has 2 sons and 2 daughters and wants to give the property to her older daughter and youngest son. The other 2 children don’t give much importance to halal and Haram income either which is why she doesn’t feel good giving them anything.
She also wishes to build a Madrasa on her property so that no one can claim or fight over that land as it will be deemed public property once donations are collected to build the Madrasa. Any advice will be appreciated “
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.
We take note of the details of your query. May Allaah Ta’aala guide her children. There seems to be some discrepancies in your query.
- It is not clear what you mean by “divide their inheritance in her lifetime”. Inheritance is only divided after one’s demise. If you are referring to allotting portions for each of them during her lifetime so they would receive only that after her demise, then that is not permissible. She has no say in what they will receive. The Shari’ah has allotted that and they will only receive that.
Furthermore, it is haraam to deprive or attempt to deprive an heir who has been allotted a portion by the Shari’ah. This is irrespective of their relationship or behavior with the deceased. In the enquired situation, the mother may not deprive or give less to the two disobedient children. They are entitled and must receive what the Shari’ah has stipulated for them, in virtue of being children to the deceased.
If you are referring to gifting during one’s lifetime, then that is permissible. However, equality must be maintained between the children unless there is a genuine justifiable reason. Inequality may result in disunity in the family and the parent will be accountable for this in such a case. It should be noted that for the validity of the gift, transfer of ownership and assuming of possession must take place during her lifetime. If ownership and possession are not transferred during her lifetime, then the gifting will be invalid. It will form part of the estate.
A gift during the lifetime of the deceased will not have an affect on the inheritance that they will receive.
- If she wishes to make her land waqf and establish an institution there, she should do so during her lifetime. If she does not do it during her lifetime, then a bequest for it would only be from 1/3 of the estate. This may not necessarily be sufficient for the project.
And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
06/25/1444 AH – 01/18/2023 CE | AML1-6896
وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين
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