Is it permissible for a man to distribute his wealth among his heirs while he is still alive according to the Islamic law of inheritance?
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The questioner : Is it permissible for a man to distribute his wealth among his heirs while he is still alive according to the Islamic law of inheritance?
The Shaykh : The scholars have stated that it is permissible for a person to divide his wealth among his heirs according to the Islamic law of inheritance, even if he is still alive. However, we see that he should not do so, because circumstances may change. He may believe that he is in no need of this wealth, but a pressing need may arise that requires him to have money. How many people have done this—dividing their wealth among their heirs—only for needs to arise later, wishing they still had their wealth in hand, but it is too late. Furthermore, we say: you have divided your wealth among your heirs, but perhaps you will be the one to inherit from them, and it is not known who will die first. Therefore, a person should keep his wealth until Allah decrees his fate. When he dies, the estate is distributed according to what the Shari'ah requires.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge.
The Shaykh : The scholars have stated that it is permissible for a person to divide his wealth among his heirs according to the Islamic law of inheritance, even if he is still alive. However, we see that he should not do so, because circumstances may change. He may believe that he is in no need of this wealth, but a pressing need may arise that requires him to have money. How many people have done this—dividing their wealth among their heirs—only for needs to arise later, wishing they still had their wealth in hand, but it is too late. Furthermore, we say: you have divided your wealth among your heirs, but perhaps you will be the one to inherit from them, and it is not known who will die first. Therefore, a person should keep his wealth until Allah decrees his fate. When he dies, the estate is distributed according to what the Shari'ah requires.
The questioner : May Allah reward you, O honorable Shaykh, and may Allah bless you and your knowledge.
