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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Sisters’ Waiver of Their Inheritance Rights and Their Acceptance of a Non-Shar’i Division

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Question:
He says: Honorable Shaykh, may Allah grant you success. If the sisters are satisfied with the division that their brothers or their parents distribute to them, even if the division is not in accordance with the Shari’ah, and they are fully satisfied with the division and forgive their parents or brothers, is this correct, and does it not make the one who distributes the inheritance sinful?

Answer:
It is not permissible to change the inheritance. It is not permissible to change the inheritance; rather, it must be divided according to the Shari’ah. If they waive a portion of their rights after they have been given their shares, there is no harm. Yes. As for deceiving them and saying, “You are good, and you are generous, and you will give this,” or the like, and they agree to it, this is not permissible. They are given their rights, and then, if they waive a portion after being given their shares, there is no harm. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 071 من 123 / شرح كتاب زاد المستقنع / الفرائض / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:00:57)

The Arabic text is a machine transcription of the audio recording.

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