Is it permissible for a sick person to divide his estate before he dies?
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The questioner : If a person wants to distribute among his children before he dies?
The Shaykh : Inheritance, I mean?
The questioner : Yes.
The Shaykh : The scholars say: There is no harm in a sick person distributing his estate to his heirs according to the rules of inheritance, do you understand? But this is a mistake and is not correct. First: because he is hastening something that has not yet occurred, and Allah the Exalted says regarding inheritance:[An-Nisa 4:12] And as long as a person is alive, he has not left behind anything. This is one point.
Second: it is possible that some of his heirs may die before him, is that not so? One of them might be a sick, consumptive person whose time has come, and he has heirs. Then these heirs might be struck by an accident overnight, and the heir becomes what? The one who is inherited from.
Third: if he divides it among them, one of them might be successful with what he took, trade with it, and it increases and grows. So at the time of death, he might have in his hand more than the other heirs have. This will put something in their hearts. Even if this means it has no effect and should not put anything in their hearts, it will inevitably put something in their hearts. Therefore, we see that we should keep the matter as Allah the Exalted kept it: that inheritance is not divided except after death.
The Shaykh : Inheritance, I mean?
The questioner : Yes.
The Shaykh : The scholars say: There is no harm in a sick person distributing his estate to his heirs according to the rules of inheritance, do you understand? But this is a mistake and is not correct. First: because he is hastening something that has not yet occurred, and Allah the Exalted 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, is that not so? One of them might be a sick, consumptive person whose time has come, and he has heirs. Then these heirs might be struck by an accident overnight, and the heir becomes what? The one who is inherited from.
Third: if he divides it among them, one of them might be successful with what he took, trade with it, and it increases and grows. So at the time of death, he might have in his hand more than the other heirs have. This will put something in their hearts. Even if this means it has no effect and should not put anything in their hearts, it will inevitably put something in their hearts. Therefore, we see that we should keep the matter as Allah the Exalted kept it: that inheritance is not divided except after death.