Dividing the inheritance among the sons before death
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If a person wants to divide the inheritance among his sons before he dies, what is the ruling?
The scholars say: There is no harm in a sick person distributing his estate to his heirs according to the rules of inheritance, but this is a mistake and is not correct.
First: Because he is hastening something that has not yet occurred,And Allah (Mighty and Majestic) says regarding inheritance: [Surah al-Nisa: 12] and as long as a person is alive, he has not left behind anything.
Second: It is possible that some of his heirs may die before him. One of them might be a sick person on his deathbed whose time has come, and he has heirs. Then these heirs might be struck by an accident overnight, and the heir becomes the one who is inherited from.
Third: If he divides it among them, one of them might be successful in what he took, trade with it, and it increases and grows. At the time of death, he might have more in his hand than the other heirs, and this will put something in their hearts. Even though this has no effect, and it should not put anything in their hearts, it is inevitable that it will. Therefore, we see that we should leave the matter as Allah (Mighty and Majestic) left it, that the inheritance is not divided except after death.
The scholars say: There is no harm in a sick person distributing his estate to his heirs according to the rules of inheritance, but this is a mistake and is not correct.
First: Because he is hastening something that has not yet occurred,And Allah (Mighty and Majestic) says regarding inheritance:
And for you is half of what
وَلَكُمْ نِصْفُ مَا تَرَكَSecond: It is possible that some of his heirs may die before him. One of them might be a sick person on his deathbed whose time has come, and he has heirs. Then these heirs might be struck by an accident overnight, and the heir becomes the one who is inherited from.
Third: If he divides it among them, one of them might be successful in what he took, trade with it, and it increases and grows. At the time of death, he might have more in his hand than the other heirs, and this will put something in their hearts. Even though this has no effect, and it should not put anything in their hearts, it is inevitable that it will. Therefore, we see that we should leave the matter as Allah (Mighty and Majestic) left it, that the inheritance is not divided except after death.