The father's division of his farm among his children
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Q: Please issue a ruling on the following case: Fawaz ibn Mas'ud owned a farm and had seven sons and two daughters. He divided
this farm among them all during his lifetime in equal shares, and gave it to them. The share of his two sons, Munawwar and Munir , was in one joint portion as partners. They took possession of it and dealt with it for a long period of time. It was the share of two men, but then Munawwar passed away while his father, the donor Fawaz , was still alive. Munawwar had only a young son. Then the father, the donor Fawaz , passed away, and the share and portion of Munawwar and Munir remained in the hands of Munir alone. Thus, it was double the share of any one of the heirs. After the son of Munawwar reached puberty, his uncle Munir told him that his father had no right to anything in this share, on the grounds that his father had died while his own father was alive, so he had no claim to the property. Is this correct? And to whom does the share of Munawwar in this portion, which is half, belong? Please rule on this, and may Allah reward you with good.
A: The father's division of his farm among his children in equal shares during his lifetime, as mentioned, is considered a gift and a necessary donation that is not annulled by the death of their father, the donor, nor by the death of the recipient, even if he dies while the donor is alive. Accordingly, the share of Munawwar , along with any wealth he left behind, is the right of his heirs and is to be divided among them as Allah the Exalted has prescribed. It is obligatory for Munir to give the heirs of his brother Munawwar the amount of his share and portion that their father gifted to him, and it is not permissible for him to prevent them from that.
this farm among them all during his lifetime in equal shares, and gave it to them. The share of his two sons, Munawwar and Munir , was in one joint portion as partners. They took possession of it and dealt with it for a long period of time. It was the share of two men, but then Munawwar passed away while his father, the donor Fawaz , was still alive. Munawwar had only a young son. Then the father, the donor Fawaz , passed away, and the share and portion of Munawwar and Munir remained in the hands of Munir alone. Thus, it was double the share of any one of the heirs. After the son of Munawwar reached puberty, his uncle Munir told him that his father had no right to anything in this share, on the grounds that his father had died while his own father was alive, so he had no claim to the property. Is this correct? And to whom does the share of Munawwar in this portion, which is half, belong? Please rule on this, and may Allah reward you with good.
A: The father's division of his farm among his children in equal shares during his lifetime, as mentioned, is considered a gift and a necessary donation that is not annulled by the death of their father, the donor, nor by the death of the recipient, even if he dies while the donor is alive. Accordingly, the share of Munawwar , along with any wealth he left behind, is the right of his heirs and is to be divided among them as Allah the Exalted has prescribed. It is obligatory for Munir to give the heirs of his brother Munawwar the amount of his share and portion that their father gifted to him, and it is not permissible for him to prevent them from that.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.