The car gifted to the father and its inclusion in the estate
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. A questioner says: I gifted my father a car, and he took ownership of it. Then he passed away. His question is: Does the car I gifted to my father enter into the estate, so that it becomes part of the share of all the heirs?
Answer:
Yes, because he took ownership of it through the gift. Even if he had taken it from you without a gift, he would have had that right, as you and your property belong to your father. So how much more so if you gifted it to him and he took possession of it? It becomes his property and is inherited from him. Yes.
Honorable Shaykh, may Allah grant you success. A questioner says: I gifted my father a car, and he took ownership of it. Then he passed away. His question is: Does the car I gifted to my father enter into the estate, so that it becomes part of the share of all the heirs?
Answer:
Yes, because he took ownership of it through the gift. Even if he had taken it from you without a gift, he would have had that right, as you and your property belong to your father. So how much more so if you gifted it to him and he took possession of it? It becomes his property and is inherited from him. Yes.
Source
شرح إغاثة اللهفان من مصائد الشيطان لابن القيم، ذكر الآثار عن تابعي التابعين ومن بعدهم — islamhouse.com (48:20)
The Arabic text is a machine transcription of the audio recording.