It is not permissible for a mother to relinquish her right to inheritance to one of her sons
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The ninth question from Fatwa number ( 14893 )
Q 9: My mother inherits things from my father, and I have three brothers and a sister, but she has relinquished her share to one of the brothers on the grounds that his livelihood is simple, and she has tasked me with this work. I am registering everything in his name without the knowledge of the others. Will I be sinful for this? If they find out, they may be upset with me; because she is of advanced age, or what is your opinion, Your Eminence?
A 9: If this money is your mother's share of your father's inheritance, it is not permissible for her to bequeath to some of them and leave out the rest. Rather, it is obligatory for her to be just
among them so that they are equal in her kindness; for al-Bukhari and Muslim narrated from al-Nu'man ibn Bashir (may Allah be pleased with them both),Bulugh al-Maram 7:183 , and in another narration: The Messenger of Allah (peace and blessings be upon him) said: Bulugh al-Maram 7:184 , and in another narration: Then he said: Bulugh al-Maram 7:185 . This applies if she gave it to him while in good health. As for a bequest to him after her death, it is not valid unless the adult heirs permit it. As for the minors, their right remains with them until they reach maturity and permit the bequest or gift, or take their right; for Abu Umamah narrated: I heard the Messenger of Allah (peace and blessings be upon him) say: Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) It was narrated by Abu Dawud and al-Tirmidhi , who said: It is a good, authentic hadith, and it was also narrated by Ahmad and al-Nasa'i . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Q 9: My mother inherits things from my father, and I have three brothers and a sister, but she has relinquished her share to one of the brothers on the grounds that his livelihood is simple, and she has tasked me with this work. I am registering everything in his name without the knowledge of the others. Will I be sinful for this? If they find out, they may be upset with me; because she is of advanced age, or what is your opinion, Your Eminence?
A 9: If this money is your mother's share of your father's inheritance, it is not permissible for her to bequeath to some of them and leave out the rest. Rather, it is obligatory for her to be just
among them so that they are equal in her kindness; for al-Bukhari and Muslim narrated from al-Nu'man ibn Bashir (may Allah be pleased with them both),
His father brought him to Allah's Messenger (ﷺ) and said, "I have given this son of mine a slave, who was belonging to me." Allah's Messenger (ﷺ) asked, "Have you given all your children the like of him?" He replied, "No." Allah's Messenger (ﷺ) then said, "Take him back then."
أن أباه أتى رسول الله صلى الله عليه وسلم فقال: إني نحلت ابني هذا غلامًا كان لي، فقال رسول الله صلى الله عليه وسلم: أكل ولدك نحلته مثل هذا؟ فقال: لا، فقال رسول الله صلى الله عليه وسلم: فأرجعهHave you done the same with all your children?" He replied, "No." He said, "Fear Allah and treat your children equally."
أفعلت هذا بولدك كلهم؟ قال: لا، قال: اتقوا الله واعدلوا بين أولادكمWould you like them to be equal in their kind treatment of you?" He replied, "Yes." He said, "Don't do it, then."
أيسرك أن يكونوا لك في البر سواء؟ قال: بلى، قال: فلا إذًاAllah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد أعطى كل ذي حق حقه، فلا وصية لوارث
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.