Bequest of Inheritance
Machine translationRead the Arabic original
Fatwa No. ( 7618 )
Q: I submit this petition to your eminence, asking about: the ruling on a woman married to 'Abd al-Rahman, who had eight sons and three daughters. The sons are: 'Abd Allah, Muhammad, Ahmad, Sulayman, Nasser, Sa'd, Hamad, and 'Abd al-'Aziz. The daughters are: Hissa, Hayya, and Salma. A son and a daughter died during 'Abd al-Rahman's lifetime, namely 'Abd al-'Aziz and Salma. 'Abd al-'Aziz died leaving four sons and three daughters, and Salma died leaving one son. Then 'Abd al-Rahman (may Allah have mercy on him) died, leaving this wife and the remaining sons and daughters. Then 'Abd Allah died after his father's death, and his heirs were his mother Nura and eight sons and seven daughters. Is it permissible for Nura, the mother of 'Abd Allah, to give in gift her inheritance from her son, which is one-sixth, to her son's heirs, each according to his share? Knowing that 'Abd Allah's brothers, namely Muhammad, Ahmad, Sulayman, Nasser, Sa'd, and Hamad, and his sisters Hayya and Hissa, have sons and daughters. Please issue a ruling, and may Allah reward you.
A: If the facts are as stated, it is permissible for the mother of the deceased 'Abd Allah to give in gift her share from him (one-sixth) to his children; because the original ruling is the permissibility of giving in gift,
and no evidence has been found that transfers this from that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I submit this petition to your eminence, asking about: the ruling on a woman married to 'Abd al-Rahman, who had eight sons and three daughters. The sons are: 'Abd Allah, Muhammad, Ahmad, Sulayman, Nasser, Sa'd, Hamad, and 'Abd al-'Aziz. The daughters are: Hissa, Hayya, and Salma. A son and a daughter died during 'Abd al-Rahman's lifetime, namely 'Abd al-'Aziz and Salma. 'Abd al-'Aziz died leaving four sons and three daughters, and Salma died leaving one son. Then 'Abd al-Rahman (may Allah have mercy on him) died, leaving this wife and the remaining sons and daughters. Then 'Abd Allah died after his father's death, and his heirs were his mother Nura and eight sons and seven daughters. Is it permissible for Nura, the mother of 'Abd Allah, to give in gift her inheritance from her son, which is one-sixth, to her son's heirs, each according to his share? Knowing that 'Abd Allah's brothers, namely Muhammad, Ahmad, Sulayman, Nasser, Sa'd, and Hamad, and his sisters Hayya and Hissa, have sons and daughters. Please issue a ruling, and may Allah reward you.
A: If the facts are as stated, it is permissible for the mother of the deceased 'Abd Allah to give in gift her share from him (one-sixth) to his children; because the original ruling is the permissibility of giving in gift,
and no evidence has been found that transfers this from that. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.