If a man has divided his wealth among his sons before his death, giving the male the share of two females, and they have built upon it while being mutually satisfied, and he wants to make a bequest, what is the ruling?

The questioner : The questioner says: A man has two wives and sons and daughters. He wants to make a bequest before his death. He had already divided a piece of land among them, giving the male the share of two females. He did not know that what he did was wrong. As a result, the sons built houses on it, and they are mutually satisfied. What should he do?

The Shaykh : The problem would be if the questioners were not mutually satisfied. But since they are mutually satisfied, praise be to Allah, Lord of the worlds, there is no issue with this. However, what one should pause to consider is whether this satisfaction is genuine or whether it is imposed on them. As we see in many inheritance divisions, the deceased passes away, then the estate is divided, and the daughters are deprived. They say they are satisfied. Are the daughters satisfied in their hearts, or are they socially satisfied because it is considered shameful for a daughter to demand her right? In that case, one must look carefully at this reality, keeping in mind the saying of the Messenger (peace and blessings be upon him) . I see that the test to verify that this daughter is truly content in her heart and satisfied that she is not taking anything from her father's inheritance is that her share be given to her. If she then says to her siblings, "This is a gift from me to you," that is fine. But if she is not given it initially, by custom or the practice of some tribes or countries, that is not permissible. The owner of the right must be given his right. Then, he can do what he wishes: he can gift his share to his siblings, his sister, his brother, a stranger, or a strange woman. This is how one should seek reconciliation in the division. If the satisfaction mentioned in the question is a real fact, then there is no issue with it. But I am afraid that it may not be so.

The questioner : There is another point here, perhaps to complete the question, although I do not know the intention.The questioner : Naturally, many fathers, when they want to do something like this, only give to the sons and do not look at the rest, for example, if there are others who inherit besides them, or something similar. In that case, this is a shortcoming.

The Shaykh : There is no doubt that this would be injustice to the others.

The questioner : May Allah reward you with good.