The Ruling on the Children’s Acceptance of Their Father’s Fair Division
Machine translationRead the Arabic original
Q: To the honorable Shaykh, Abdul Aziz ibn Baz, may peace be upon you, and Allah’s mercy and blessings.
I present to your eminence my problem, for which I ask Allah to grant you success in finding a solution. It is this: We are three sisters and two brothers, and we are not from the same mother, as I am from a second mother. Our father, may Allah reward him with good, wished to bequeath to us, during his lifetime, a piece of land for each of us. As I am the eldest of the aforementioned sisters and brothers, he came to me first and informed me that he has land in Al-Umrah and that he would bequeath me half of it, while he would build a mosque on the other half. I accepted it from him with gratitude and supplication. He then returned to me a second time and told me that the relevant government authority had not approved the division of the land, and that he would bequeath it to my sisters, as they are full sisters and would agree to sell it together, or build on it together, or for one of them to relinquish her half to the other in exchange for a sum she would pay to her sister, since they are both employed and have the ability for one to pay the other, even in installments from their salaries. He bequeathed a plot in Riyadh to my brothers, and a third to their mother, who is not under his financial support. He offered me the choice between two plots in Khobar and three in Al-Khafji, or between two plots in Ta’if, one of which is in Al-Huda or in Ba’hr. He gave me the opportunity to consider one of them, and when I returned to him, I answered that I had chosen the one in Ba’hr, although I had not seen it. At my request, he prepared the deed for it and we handed over its title deed. Now, after that, I feel that I have been shortchanged. Do I have the right to demand that he exchange it for me with another? I hope for an answer to the end of this letter. May Allah reward you.
Q. S.
And upon you be peace, and the mercy of Allah and His blessings. As for what follows:
A: I do not see that you have a right to demand an increase, because the matter is one of adjustment between you and your siblings from your father, may Allah reward him with good. You have chosen what Allah has allotted to you, and the matter is not one of buying and selling, but rather a matter of striving for justice among you. Since you have already expressed your acceptance of the aforementioned land, there is no basis for retracting that. We ask Allah to bless you and to rectify the situation of everyone. And may peace be upon you, and Allah’s mercy and blessings.
I present to your eminence my problem, for which I ask Allah to grant you success in finding a solution. It is this: We are three sisters and two brothers, and we are not from the same mother, as I am from a second mother. Our father, may Allah reward him with good, wished to bequeath to us, during his lifetime, a piece of land for each of us. As I am the eldest of the aforementioned sisters and brothers, he came to me first and informed me that he has land in Al-Umrah and that he would bequeath me half of it, while he would build a mosque on the other half. I accepted it from him with gratitude and supplication. He then returned to me a second time and told me that the relevant government authority had not approved the division of the land, and that he would bequeath it to my sisters, as they are full sisters and would agree to sell it together, or build on it together, or for one of them to relinquish her half to the other in exchange for a sum she would pay to her sister, since they are both employed and have the ability for one to pay the other, even in installments from their salaries. He bequeathed a plot in Riyadh to my brothers, and a third to their mother, who is not under his financial support. He offered me the choice between two plots in Khobar and three in Al-Khafji, or between two plots in Ta’if, one of which is in Al-Huda or in Ba’hr. He gave me the opportunity to consider one of them, and when I returned to him, I answered that I had chosen the one in Ba’hr, although I had not seen it. At my request, he prepared the deed for it and we handed over its title deed. Now, after that, I feel that I have been shortchanged. Do I have the right to demand that he exchange it for me with another? I hope for an answer to the end of this letter. May Allah reward you.
Q. S.
And upon you be peace, and the mercy of Allah and His blessings. As for what follows:
A: I do not see that you have a right to demand an increase, because the matter is one of adjustment between you and your siblings from your father, may Allah reward him with good. You have chosen what Allah has allotted to you, and the matter is not one of buying and selling, but rather a matter of striving for justice among you. Since you have already expressed your acceptance of the aforementioned land, there is no basis for retracting that. We ask Allah to bless you and to rectify the situation of everyone. And may peace be upon you, and Allah’s mercy and blessings.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.