Wednesday, April 17, 2024
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Giving up one’s inheritance shares

Fatwaa ID: 2039

Assalaamu alaikum Respected Mufti sahib

A person passes away and leaves being 2 sisters, two brothers and 2 daughters as inheritors.
The eldest of the surviving brothers then spoke on behalf of his siblings and said that they feel that all the inheritance must go to the two daughters.
Will it then be permissible to give all of the inheritance to both the daughters?

جزاكم الله خيرا

In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala elevate the status of the deceased.

In principle, if an heir voluntarily and willingly gives his share to another heir, then that is permissible provided that this is done after accepting his rightful share from the estate and also assuming possession of it. In the enquired situation, the shares should be allotted according to the Shari’ah defined ratios and distributed accordingly. After that, should the siblings of the deceased still wish to give away their shares, then they may individually do so to the daughters of the deceased. They will be rewarded for their kindness.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York

07/01/1445 AH – 01/13/2024 CE | AMG3-4325

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


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