The Ruling on Changing the Legally Prescribed Shares of Inheritance with the Consent of the Heirs
Machine translationRead the Arabic original
Question:
If the sisters agree to 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 satisfied with the division because of their satisfaction, and they forgive their parents or their brothers, is this correct and does it not lead to sin? Does the son distribute?
Answer:
It is not permissible to change the inheritance; rather, it must be divided according to the shares prescribed by the Shari'ah. If they relinquish some of their rights after they have been given their shares, there is no harm. However, if they are deceived and told, "You are our hard workers, and this is sufficient for you," or something similar, that is not permissible. The grain is given, and then if they relinquish something after being given their shares, there is no harm.
If the sisters agree to 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 satisfied with the division because of their satisfaction, and they forgive their parents or their brothers, is this correct and does it not lead to sin? Does the son distribute?
Answer:
It is not permissible to change the inheritance; rather, it must be divided according to the shares prescribed by the Shari'ah. If they relinquish some of their rights after they have been given their shares, there is no harm. However, if they are deceived and told, "You are our hard workers, and this is sufficient for you," or something similar, that is not permissible. The grain is given, and then if they relinquish something after being given their shares, there is no harm.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/107 شرح زاد المستقنع/ صالح الفوزان — youtube.com (49:02)
The Arabic text is a machine transcription of the audio recording.