Buying to Deprive the Heirs
Machine translationRead the Arabic original
Question: I had an uncle who had no wife and no children, and he owned a piece of agricultural land. I was the one who supported him and provided him with everything he needed, such as housing, food, drink, and clothing, without any payment, and I treated him as I would my father. My father has passed away, and my uncle has another brother. I wanted to buy the piece of land my uncle owned, since he is unable to work, and I also wanted to deprive my other uncle, who is his brother, of the piece of land. So, I bought it with my uncle’s consent and his will, without any coercion, and I had three
witnesses testify to the sale contract. Then, I took the amount from him as a loan, and he passed away after that. I covered the costs of his death, and then I bought a cow as a sacrifice for him. Is this cow that I slaughtered considered the price of the land, since he has another heir who is his brother? And regarding the remaining amount, do I have a right to it, or does it all belong to my uncle, or do we all have no right to it? What should I do with it in this situation?
Answer: As for the issue of your buying the land from your uncle, if the intention behind that was to deprive the heirs, and to possess the land for yourself with the intent of resorting to this and depriving the heirs and showing favoritism to you, then this is an invalid sale, and the land becomes the estate of the deceased’s heirs.
As for the issue of the cow that you slaughtered for your uncle after his death, if your uncle had bequeathed it, then there is no harm in that. It is considered a sacrifice if it was during the time of sacrifice, and you have carried it out. However, if your uncle did not bequeath it, then it is obligatory for you to pay its value from your own wealth, not from your uncle’s estate, because it is not permissible for you to dispose of any of his wealth after his death, because it has become the right of the heirs.
As for the issue of inheritance, you have no right to it as long as your uncle is alive. If the deceased’s brother is a full brother or a brother on the father’s side, then you have no connection to the inheritance, because you are blocked by your uncle. However, if the uncle is a maternal uncle, meaning he is your father’s brother on his mother’s side, then he has no share, and the inheritance belongs to the questioner and to the others with him, if there are other heirs. The important point is that the inheritance belongs to the deceased’s full brother or his brother on the father’s side, and the nephew has no share in the presence of his full brother or his brother on the father’s side.
Question: If we assume the validity of the purchase of this land, does this sacrifice that he sacrificed reduce the price of the land, because even the value of the land was borrowed from his uncle?
Answer: As we mentioned, if this sacrifice was by bequest from the uncle, then it is considered an exception, because the uncle has the right to bequeath at least one-third. If the cow or the value of the cow is paid out from the one-third, and this is from the money in the questioner’s debt to the deceased, it is considered an effective bequest, because it is considered part of the one-third. It reduces the value of the land that is in his debt to his uncle, because it is considered part of the one-third.
However, if he did not bequeath it, then it is a donation from the one who slaughtered it, and he is not entitled to anything from the money in exchange for it.
witnesses testify to the sale contract. Then, I took the amount from him as a loan, and he passed away after that. I covered the costs of his death, and then I bought a cow as a sacrifice for him. Is this cow that I slaughtered considered the price of the land, since he has another heir who is his brother? And regarding the remaining amount, do I have a right to it, or does it all belong to my uncle, or do we all have no right to it? What should I do with it in this situation?
Answer: As for the issue of your buying the land from your uncle, if the intention behind that was to deprive the heirs, and to possess the land for yourself with the intent of resorting to this and depriving the heirs and showing favoritism to you, then this is an invalid sale, and the land becomes the estate of the deceased’s heirs.
As for the issue of the cow that you slaughtered for your uncle after his death, if your uncle had bequeathed it, then there is no harm in that. It is considered a sacrifice if it was during the time of sacrifice, and you have carried it out. However, if your uncle did not bequeath it, then it is obligatory for you to pay its value from your own wealth, not from your uncle’s estate, because it is not permissible for you to dispose of any of his wealth after his death, because it has become the right of the heirs.
As for the issue of inheritance, you have no right to it as long as your uncle is alive. If the deceased’s brother is a full brother or a brother on the father’s side, then you have no connection to the inheritance, because you are blocked by your uncle. However, if the uncle is a maternal uncle, meaning he is your father’s brother on his mother’s side, then he has no share, and the inheritance belongs to the questioner and to the others with him, if there are other heirs. The important point is that the inheritance belongs to the deceased’s full brother or his brother on the father’s side, and the nephew has no share in the presence of his full brother or his brother on the father’s side.
Question: If we assume the validity of the purchase of this land, does this sacrifice that he sacrificed reduce the price of the land, because even the value of the land was borrowed from his uncle?
Answer: As we mentioned, if this sacrifice was by bequest from the uncle, then it is considered an exception, because the uncle has the right to bequeath at least one-third. If the cow or the value of the cow is paid out from the one-third, and this is from the money in the questioner’s debt to the deceased, it is considered an effective bequest, because it is considered part of the one-third. It reduces the value of the land that is in his debt to his uncle, because it is considered part of the one-third.
However, if he did not bequeath it, then it is a donation from the one who slaughtered it, and he is not entitled to anything from the money in exchange for it.