If a woman receives her inheritance from her father, is she permitted to give it to her brother while she has children, and what is the share of her children in her inheritance?
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The questioner : We present the first letter, which was sent by the listener Zayd Gharim Allah al-Shahri from al-Namasiyyah. He says to me: My mother inherited her share after the death of her father, and she gave it to her full brother, knowing that she has eight children, both male and female. Is such a gift permissible in the Shari'ah, and what is the share of her children in her inheritance?
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. This woman, as the questioner said, inherited from her father and then gave her brother everything she inherited from her father.
The questioner : Yes.
The Shaykh : One of her sons asks whether this gift is permissible. We say that if this gift was made while she was in good health, it is permissible, and she has the right to dispose of her wealth as she wishes, provided that she does not prefer one of her children over another. However, if she gives it to her brother or any of her relatives other than her children, she has the right to do so, and no one can prevent her. As for his question about what their share is in her inheritance: if he means what their share is in the inheritance from her father, they have no right to it as long as the mother is alive. If she dies, her inheritance will be distributed according to what the Shari'ah requires at the time of her death, and it is not possible to rule on it now. However, if she gave her brother this inheritance she received from her father during her terminal illness or something equivalent to it, she has no right to dispose of more than one-third. If her inheritance from her father is more than one-third of her wealth, it is subject to the approval of the heirs. And if it is less than one-third of her wealth at the time of her death, her gift is complete. Yes.
The questioner : May Allah bless you.
The questioner is from Sudan and resides in the Kingdom; he did not mention his name.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. This woman, as the questioner said, inherited from her father and then gave her brother everything she inherited from her father.
The questioner : Yes.
The Shaykh : One of her sons asks whether this gift is permissible. We say that if this gift was made while she was in good health, it is permissible, and she has the right to dispose of her wealth as she wishes, provided that she does not prefer one of her children over another. However, if she gives it to her brother or any of her relatives other than her children, she has the right to do so, and no one can prevent her. As for his question about what their share is in her inheritance: if he means what their share is in the inheritance from her father, they have no right to it as long as the mother is alive. If she dies, her inheritance will be distributed according to what the Shari'ah requires at the time of her death, and it is not possible to rule on it now. However, if she gave her brother this inheritance she received from her father during her terminal illness or something equivalent to it, she has no right to dispose of more than one-third. If her inheritance from her father is more than one-third of her wealth, it is subject to the approval of the heirs. And if it is less than one-third of her wealth at the time of her death, her gift is complete. Yes.
The questioner : May Allah bless you.
The questioner is from Sudan and resides in the Kingdom; he did not mention his name.