The ruling on the land that the father sold to one of his sons before his death
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Question:
This is a letter from the questioner Abu Ihab, an Egyptian working in Kuwait. He sent several questions. In his first question, he says: My father had six sons and one daughter. He struggled—may Allah have mercy on him—until he completed our education, except for one of my brothers, whom Allah did not grant the same opportunity for education as us. This was at the mother's request, so that he would remain with his father to work with him in farming the land, as we are from the countryside. Before his father's death, I asked my father to allocate a specific amount of the land he owned to the aforementioned brother as compensation for his efforts over several years, and because he did not receive the same educational opportunity as us. In fact, he—may Allah have mercy on him—refused this repeatedly. However, due to my persistence, the mother's persistence, and the persistence of some of the brothers, he agreed to issue a formal sale and purchase contract for a specific piece of land to my brother, but without receiving any price from him. Instead, he took a check from him for the amount of seven hundred pounds. To what extent is this contract, which was made between the father and my brother, valid?
Knowing that the contract is in my possession as a trust until the procedures are completed. Does the check that my father took from my brother become part of his estate, and can my brother claim it, or not?
Answer:
If the situation is as the questioner described, then the aforementioned check is of no value; because it is a lie and a ruse; it has no basis. But if all his brothers, the heirs, permit this piece of land to this brother for the two reasons mentioned—because he helped his father, and because he did not receive an education—then there is no harm if they permit him this piece of land, or if some of them permit it. Whoever among them permits it, his right to this piece of land is waived. And whoever does not permit it, he remains entitled to his right. As for this forged contract, it has no value, and it should not be heeded. Yes.
The presenter: It is only considered as a gift from the heirs.
The Shaykh: If they permit it.
The presenter: If they permit it, it is valid.
The Shaykh: And whoever does not permit it, he is in the right.
This is a letter from the questioner Abu Ihab, an Egyptian working in Kuwait. He sent several questions. In his first question, he says: My father had six sons and one daughter. He struggled—may Allah have mercy on him—until he completed our education, except for one of my brothers, whom Allah did not grant the same opportunity for education as us. This was at the mother's request, so that he would remain with his father to work with him in farming the land, as we are from the countryside. Before his father's death, I asked my father to allocate a specific amount of the land he owned to the aforementioned brother as compensation for his efforts over several years, and because he did not receive the same educational opportunity as us. In fact, he—may Allah have mercy on him—refused this repeatedly. However, due to my persistence, the mother's persistence, and the persistence of some of the brothers, he agreed to issue a formal sale and purchase contract for a specific piece of land to my brother, but without receiving any price from him. Instead, he took a check from him for the amount of seven hundred pounds. To what extent is this contract, which was made between the father and my brother, valid?
Knowing that the contract is in my possession as a trust until the procedures are completed. Does the check that my father took from my brother become part of his estate, and can my brother claim it, or not?
Answer:
If the situation is as the questioner described, then the aforementioned check is of no value; because it is a lie and a ruse; it has no basis. But if all his brothers, the heirs, permit this piece of land to this brother for the two reasons mentioned—because he helped his father, and because he did not receive an education—then there is no harm if they permit him this piece of land, or if some of them permit it. Whoever among them permits it, his right to this piece of land is waived. And whoever does not permit it, he remains entitled to his right. As for this forged contract, it has no value, and it should not be heeded. Yes.
The presenter: It is only considered as a gift from the heirs.
The Shaykh: If they permit it.
The presenter: If they permit it, it is valid.
The Shaykh: And whoever does not permit it, he is in the right.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.