A man’s uncle gave him a piece of land, but he refused to take it. The uncle then said, “It is for your son,” and he took it. Does he have the right to dispose of it?

The questioner : The question is that his relative, his uncle, who is also his wife’s father, has a small piece of land. He said to him, “I want to give you this piece.” He replied, “I do not want this piece, so that it is not said that I did not serve my uncle, or that I was not kind to him, except in the hope of getting something from his wealth. Praise be to Allah, I have land and money, and I do not want anything from him.”

The Shaykh : This is your brother, he says.

The questioner : Yes, to his uncle. So his uncle said to him: “My brother, I am not giving it to your eldest son.” He has only one son. So he said: “I will give it to Abdullah.” He was silenced, meaning the uncle has now passed away (may Allah have mercy on him). Now the man asks: Is this piece mine? Do I dispose of it as the owner, or is it for my son Abdullah to the exclusion of his brothers? Or what is the solution?

The Shaykh : ... precisely.

The questioner : Precisely.

The Shaykh : If that is the case, the land belongs to the one son, and his other brothers have no right in it. The father has no share in it or in the land, unless he is in need. In that case, the saying of the Prophet (peace and blessings be upon him) applies: But it appears that the situation does not fall into this narrow category.

The questioner : It did not reach that point.

The Shaykh : Yes, in that case, the land belongs to the son.