I Swore by the Great Allah That This Inheritance Is Forbidden for Me
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Fatwa No. ( 20727 )
Q: My father purchased an agricultural property in the north of (...) in the year
1390 AH. Since my father is an elderly man and his documents are old, and there is no title deed for the property, the municipality of (...) objected to his title deed. He did not have sufficient knowledge of the matter, so I acted as his attorney, as I am the eldest of his sons. The municipality appointed a lawyer for them from the municipality of (....). Praise be to Allah, the truth prevails and nothing prevails over it. After I handed the deed to my father—this was more than 10 years ago—I moved to Riyadh due to my wife’s illness and the illness of my children’s mother, as she underwent an open-heart surgery and has been continuously visiting Sahari Hospital . Before (5 years) after we arrived in Riyadh , one of my sons fell ill, so I traveled with him to (...) in order to have our scholars there read over him. During that time, my brother (N) and I were present with our father, which coincided with the school holidays, as he works in the military. The question for which I wrote to you is: I had a dispute with my brother, and they forgot what I did, as I was carrying the burden of this patient’s feelings. At my age, I became angry at some of his words about me, and I am older than him and the one who bore the great burden. Because of that, I swore by the Great Allah that this inheritance is forbidden for me, and my mother was in the gathering—may Allah forgive her—and one of my brothers. My mother was affected by my oath, so I said while in the gathering: except after I ask the honorable Shaykh Ibn Baz .
I ask Allah, then you, for information about what is entailed by my oath. May Allah preserve you.
A: It is not permissible for a person to forbid what Allah has made lawful and permitted for him, such as food, drink, clothing, or wealth in which he has a legal right, or the like. Whoever does so must pay the expiation for an oath; for Allah the Exalted said:[At-Tahrim 66:1] up to His saying: [At-Tahrim 66:2] the verse. Accordingly, it is obligatory for you to take your share of your father’s inheritance, as it is a right that is lawful for you by the Shari'ah, and it is not permissible for you to forbid it. You must pay the expiation for an oath, which is: to feed ten poor people, giving each poor person one and a half kilograms of wheat, rice, or the like, or to clothe them, or to free a believing slave. If you are unable to do that, then you must fast three days as expiation for your oath. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father purchased an agricultural property in the north of (...) in the year
1390 AH. Since my father is an elderly man and his documents are old, and there is no title deed for the property, the municipality of (...) objected to his title deed. He did not have sufficient knowledge of the matter, so I acted as his attorney, as I am the eldest of his sons. The municipality appointed a lawyer for them from the municipality of (....). Praise be to Allah, the truth prevails and nothing prevails over it. After I handed the deed to my father—this was more than 10 years ago—I moved to Riyadh due to my wife’s illness and the illness of my children’s mother, as she underwent an open-heart surgery and has been continuously visiting Sahari Hospital . Before (5 years) after we arrived in Riyadh , one of my sons fell ill, so I traveled with him to (...) in order to have our scholars there read over him. During that time, my brother (N) and I were present with our father, which coincided with the school holidays, as he works in the military. The question for which I wrote to you is: I had a dispute with my brother, and they forgot what I did, as I was carrying the burden of this patient’s feelings. At my age, I became angry at some of his words about me, and I am older than him and the one who bore the great burden. Because of that, I swore by the Great Allah that this inheritance is forbidden for me, and my mother was in the gathering—may Allah forgive her—and one of my brothers. My mother was affected by my oath, so I said while in the gathering: except after I ask the honorable Shaykh Ibn Baz .
I ask Allah, then you, for information about what is entailed by my oath. May Allah preserve you.
A: It is not permissible for a person to forbid what Allah has made lawful and permitted for him, such as food, drink, clothing, or wealth in which he has a legal right, or the like. Whoever does so must pay the expiation for an oath; for Allah the Exalted said:
O Prophet, why do you prohibit [yourself from] what Allah has made lawful for you
يَا أَيُّهَا النَّبِيُّ لِمَ تُحَرِّمُ مَا أَحَلَّ اللَّهُ لَكَAllah has already ordained for you [Muslims] the dissolution of your oaths
قَدْ فَرَضَ اللَّهُ لَكُمْ تَحِلَّةَ أَيْمَانِكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.