Fatwa ID: 07554

 

 

 

Answered by Aalimah Saleha Bukhari Islam

 

 

Question:

 

Assalamu alaykum,

My mother left our family house to my younger brother 13 years ago as a gift.

She then gave a little money to all my sisters as gifts about 10 years ago.

She gave me the rest of her money six years ago.

She told me twice and also left a video in front of my two sisters confirming that the house is my little brother’s to keep and I to keep the money.

My question is that my brother has the house which is worth far more than what was gifted to me and my sisters.

Does he keep the house and we the money or recalculate the property and money to do an equal Islamic distribution?

My brother is adamant that as it was gifted to him, it’s his to keep and we keep the money.

I would like a fatwa so we can go accordingly.

 

 

 

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

 

Answer:

 

Wa alaikum as salām wa rahmatullāhi wa barakātuh,

 

Any items such as property, land, gold, cash etc. gifted during the lifetime of the parent to their children will belong to them because the ownership has transferred. Gifts such as these will not be included in the distribution of inheritance for the heirs, if any. 

 

Furthermore, if as you say, with the understanding that your brother would own the property and the gift of cash is an offering to you and your sisters for the settlement of this decision – on this basis, it can be understood that by accepting the gift of cash, you accepted her decision. If your mother’s intention was to distribute the inheritance whilst she was alive then, she has fulfilled that, and you must honour the will. If, as you say, your mother had gifted the property to your brother during her lifetime, then accordingly this would be in his rightful ownership now.

 

You have mentioned that she offered you additional money six years ago, presumably because you may not have approved of her decision. However, since you accepted this offering then it was conditional on your acceptance of her distribution. Since this was done by way of a will and all inheritors, including yourself agreed, then it is acceptable.

 

If the rightful inheritors wish to waive or pass on their rights to others, then this can be agreed upon in this manner. Furthermore, a bequeath of up to a 1/3 of a person’s wealth is permitted for those other than the rightful inheritors but to bequeath more than this amount requires the permission of the rightful inheritors, which your mother sought. [Ma’ariful Quran p.340-p.347 v.1]

 

As an example, we can look to a property bequeathed and upon the death of the one who bequeathed (the Mus’a), the property is divided by the inheritors, and the legatee (Mus’a bih) has knowledge of this but refrains from coming forward and claiming. Then after years, he claims to have heard, his right is not invalidated by the delayed hearing, and the bequeathed property is not invalidated by the delay. The will must be honoured even if delayed. Since your mother bequeathed the property to your brother, it must be honoured.

 

 

 

Only Allah (عز و جل) knows best.

 

Written by Aalimah Saleha Bukhari Islam

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

References:

  وفي الجواهر: أوصى لرجل بعقار ومات فقسمت التركة والموصى له في البلد وقد علم بالقسمة ولم يطلب ثم بعد سنين ادعى تسمع، ولا تبطل بالتأخير إن لم يكن رد الوصية.

ص745 – كتاب الدر المختار شرح تنوير الأبصار وجامع البحار – باب الوصي وهو الموصى إليه – المكتبة الشاملة