We are brothers and we have two sisters, and our father, before his passing, allocated five feddans to three of us in his name, and he was unaware of the Islamic ruling regarding this. If
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The questioner : We are a number of brothers and we have two sisters, and our father (may Allah have mercy on him), before his passing, allocated five feddans to three of our brothers and wrote them in his name, and he was unaware of the Islamic ruling regarding this. If we are all in agreement about this, is there a sin on our father? And if so, how do we clear our father’s conscience? And if one of us does not accept this, what is the course of action? May you be rewarded.
The Shaykh : As for the father, since he wrote what he wrote of the feddans to them while being unaware of it, he owes nothing. Based on this, if the remaining brothers approve of what their father wrote for their brothers, there is no blame on them, and they are thereby rewarded and granted reward by Allah (Mighty and Majestic) for complying with their father in what he desires and wants, and for blocking the door of dispute, enmity, and hatred between them and their brothers. As for if the father knew that it was forbidden, and I do not think, if Allah wills, that he knew it was forbidden and dared to do it, but if we assume that, then it is not fitting for the brothers to whom their father gave a gift to take it exclusively without the consent of the other brothers. If the brothers consent, this becomes lawful for those to whom their father gave it. And if they do not consent, it is obligatory to return it to the estate.
The Shaykh : As for the father, since he wrote what he wrote of the feddans to them while being unaware of it, he owes nothing. Based on this, if the remaining brothers approve of what their father wrote for their brothers, there is no blame on them, and they are thereby rewarded and granted reward by Allah (Mighty and Majestic) for complying with their father in what he desires and wants, and for blocking the door of dispute, enmity, and hatred between them and their brothers. As for if the father knew that it was forbidden, and I do not think, if Allah wills, that he knew it was forbidden and dared to do it, but if we assume that, then it is not fitting for the brothers to whom their father gave a gift to take it exclusively without the consent of the other brothers. If the brothers consent, this becomes lawful for those to whom their father gave it. And if they do not consent, it is obligatory to return it to the estate.