Is it permissible to relinquish part of the estate to the heirs?
Machine translationRead the Arabic original
The questioner : Peace be upon you.
The Shaykh : And upon you be peace.
The questioner : The question, O Shaykh Muhammad, peace be upon you.
The Shaykh : Peace be upon you.
The questioner : I have a question, may Allah be pleased with you. Please go ahead. Ah, ah, my father. Ah, he married after my mother passed away, and two years before his own death. After he passed away, they distributed the estate in a council. It is the custom of the council that after they determine the value of her share, they ask her, saying, “Forgive your children a certain amount from this estate.” So she might say, “I am forgiving them, for example, half the amount.” Is this amount then lawful for the children?
The Shaykh : The father passed away leaving behind the wife.
The questioner : The father passed away, and the wife’s share was determined. Yes. My mother passed away before my father remarried, meaning. So we determined the estate, which is the value of the new wife’s share. The father’s wife.
The Shaykh : Barcelona.
The questioner : After they determine her estate and set her amount, they tell her, “Forgive your children from her share. From the share of this value, forgive your children a certain amount from it, meaning she relinquishes it to the children of her own free will.” Is this amount that she relinquishes lawful for the children?
The Shaykh : If she relinquished it of her own choice.
The questioner : Of her own choice and with her consent.
The Shaykh : Yes, and what is the obstacle?
The questioner : The money is lawful for the children.
The Shaykh : If it is with her consent.
The questioner : With her consent, yes.
The Shaykh : Not under coercion or out of shyness.
The questioner : No, nothing of the sort; she is consenting, and she can say no.
The Shaykh : There is nothing wrong with it, if Allah wills.
The presenter : May Allah reward you with good.
The Shaykh : And upon you be peace.
The questioner : The question, O Shaykh Muhammad, peace be upon you.
The Shaykh : Peace be upon you.
The questioner : I have a question, may Allah be pleased with you. Please go ahead. Ah, ah, my father. Ah, he married after my mother passed away, and two years before his own death. After he passed away, they distributed the estate in a council. It is the custom of the council that after they determine the value of her share, they ask her, saying, “Forgive your children a certain amount from this estate.” So she might say, “I am forgiving them, for example, half the amount.” Is this amount then lawful for the children?
The Shaykh : The father passed away leaving behind the wife.
The questioner : The father passed away, and the wife’s share was determined. Yes. My mother passed away before my father remarried, meaning. So we determined the estate, which is the value of the new wife’s share. The father’s wife.
The Shaykh : Barcelona.
The questioner : After they determine her estate and set her amount, they tell her, “Forgive your children from her share. From the share of this value, forgive your children a certain amount from it, meaning she relinquishes it to the children of her own free will.” Is this amount that she relinquishes lawful for the children?
The Shaykh : If she relinquished it of her own choice.
The questioner : Of her own choice and with her consent.
The Shaykh : Yes, and what is the obstacle?
The questioner : The money is lawful for the children.
The Shaykh : If it is with her consent.
The questioner : With her consent, yes.
The Shaykh : Not under coercion or out of shyness.
The questioner : No, nothing of the sort; she is consenting, and she can say no.
The Shaykh : There is nothing wrong with it, if Allah wills.
The presenter : May Allah reward you with good.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1917- هل يحل التنازل عن بعض من التركة للورثة؟/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.