Is a sale contract valid between a father and his son when he has not paid anything, and a bequest of one-third?
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The questioner : Do we have another call now? Hello, peace be upon you, Professor Muhammad.
The Shaykh : Peace be upon you.
The questioner : May Allah greet you, Honorable Shaykh.
The Shaykh : May Allah greet you.
The questioner : By Allah, I have two questions, may you live long. The first question is that my older brother passed away ten years ago, and the father was present. Then the father, with the people around him, made a sale contract for half of his assets without receiving anything from him, a sale contract for half of his assets without taking anything from him.
The Shaykh : I mean, the father wrote a contract stating that he sold him half of the assets.
The questioner : Half of the assets, approximately.
The Shaykh : And he did not take anything from him, and he did not take anything from him.
The questioner : And he did not take anything from him, and he has minor children.
The Shaykh : Yes.
The questioner : So when my father told me this, I said to him that this is not permissible in the Shari'ah. He said to me, "It is to secure the rights of your brother's children." So I said to him, "You can make a bequest of one-third for them."
The Shaykh : Yes, indeed.
The questioner : He did not do it before his death, may Allah have mercy on him. He passed away three and a half years ago, and he gave me this contract.
The Shaykh : Yes.
The questioner : And up to now, we have not disposed of anything. So what is your opinion? May Allah reward you with good.
The Shaykh : Or may Allah bless you. Go back to the courts. Yes, as long as the man died and did not dispose of anything, I say your father died and did not dispose of anything. Now, only the courts can resolve this.
The questioner : Up to now, the inheritance is as it is. Is this contract valid? Is the sale contract valid in the Shari'ah?
The Shaykh : I say this goes back, my brother, to the courts. Go back to the courts you have.
The questioner : We do not have anyone objecting to them taking it, Honorable Shaykh. There is no objection from me or my brothers to them taking it.
The Shaykh : There is no objection.
The questioner : There is no objection that...
The Shaykh : No, thank Allah, the matter is over. Yes, I say, thank Allah.
The questioner : But regarding my sisters.
The Shaykh : If they all agree, there is no obstacle.
The questioner : If they agree, there is no obstacle. Now, the second question, Honorable Shaykh?
The Shaykh : Peace be upon you.
The questioner : May Allah greet you, Honorable Shaykh.
The Shaykh : May Allah greet you.
The questioner : By Allah, I have two questions, may you live long. The first question is that my older brother passed away ten years ago, and the father was present. Then the father, with the people around him, made a sale contract for half of his assets without receiving anything from him, a sale contract for half of his assets without taking anything from him.
The Shaykh : I mean, the father wrote a contract stating that he sold him half of the assets.
The questioner : Half of the assets, approximately.
The Shaykh : And he did not take anything from him, and he did not take anything from him.
The questioner : And he did not take anything from him, and he has minor children.
The Shaykh : Yes.
The questioner : So when my father told me this, I said to him that this is not permissible in the Shari'ah. He said to me, "It is to secure the rights of your brother's children." So I said to him, "You can make a bequest of one-third for them."
The Shaykh : Yes, indeed.
The questioner : He did not do it before his death, may Allah have mercy on him. He passed away three and a half years ago, and he gave me this contract.
The Shaykh : Yes.
The questioner : And up to now, we have not disposed of anything. So what is your opinion? May Allah reward you with good.
The Shaykh : Or may Allah bless you. Go back to the courts. Yes, as long as the man died and did not dispose of anything, I say your father died and did not dispose of anything. Now, only the courts can resolve this.
The questioner : Up to now, the inheritance is as it is. Is this contract valid? Is the sale contract valid in the Shari'ah?
The Shaykh : I say this goes back, my brother, to the courts. Go back to the courts you have.
The questioner : We do not have anyone objecting to them taking it, Honorable Shaykh. There is no objection from me or my brothers to them taking it.
The Shaykh : There is no objection.
The questioner : There is no objection that...
The Shaykh : No, thank Allah, the matter is over. Yes, I say, thank Allah.
The questioner : But regarding my sisters.
The Shaykh : If they all agree, there is no obstacle.
The questioner : If they agree, there is no obstacle. Now, the second question, Honorable Shaykh?
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1849- هل يصح عقد البيع بين الأب وابنه وهو لم يدفع شيئ والوصية بالثلث /سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.