Question:

1) My father transferred half of his wealth (property, agricultural land) to his sons in his life and for the rest of his wealth it was said that it will be divided according to sharia. But after four years of his death, the remaining property is not divided yet as my brothers financial condition is not good. This situation of not getting my share grieves me. But for the sake of everyone's good life and hereafter, I made an intention that I forgive everyone who is involved but if they decide to give me my share, which has very rare chance, I will take it. What could be a good intention in this situation?

2) The property that my father transferred in his life to his sons, did I have any share in it in anyway?

Answer:

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the Name of Allah, the Most Gracious, the Most Merciful.

1) The ruling for the wealth your father gave to your brothers during his lifetime is as follows:

a) If your father gave the wealth to your brothers before his maradul maut (sickness that he never recovered from until death) and your brothers took possession of the wealth during his lifetime, then this will be counted as a valid gift and, as a result, they became the sole owners of this wealth.

b) If your father gave the wealth to your brothers before his maradul maut but your brothers did NOT take possession of the wealth during his lifetime, then this will NOT be counted as a valid gift and, as a result, they did NOT become owners of this wealth.

c) If your father gave the wealth to your brothers during his maradul maut, then this will not be counted as gift; instead, it will be counted as wasiyya (bequest). Making a wasiyya for an heir is not permissible.

In scenarios (b) and (c), your brothers did not become owners of the wealth. Hence, that wealth along with the rest of your father’s wealth will have to be distributed among all the heirs, including yourself, in accordance with the rules of Shariah.

(Ahsanul Fatawa: 9/302)

Your brothers are committing a grave sin by usurping your share of inheritance. This is regardless of their financial position. How can there be blessings in anyone’s wealth if they have usurped the wealth of others.

It comes in a hadith that whoever takes any land without having the right to do so, on the day of judgement he will be sunk inside the earth all the way to the seven earths. (Bukhari)

In another hadith, it says that whoever takes any land unlawfully will be forced to carry its soil to the plain of resurrection. (Musnad Ahmad)

In another hadith, it says that whoever unlawfully takes one handspan of land, Allah SWT will make him dig it until he reaches the end of the seventh earth; then he will be made to wear it around his neck until the day of judgment, until the reckoning of people is finished. (Musnad Ahmad) (See: Mishkaat with Mirqaat: 6/156)

Another hadith says: “Whoever has wronged his brother in respect to his honor or anything else should seek from him to make it halal today, before the time comes when there is no Dinar or Dirham. Otherwise (if he doesn’t do so), if he has good deeds (on the day of judgment), it will be taken from him (and given to the wronged person) to the extent of his wrongdoing. If he does not have any good deeds, then the bad deeds of the other (the wronged person) will be transferred to him.” (Bukhari; See: Mishkaat with Mirqaat: 8/849)

Also, it comes in a hadith: “Do not wrong others. The wealth of another person is not halal without his wholehearted approval.” (Baihaqi, Ad-Daarqutni; See: Mishkaat with Mirqaat: 6:149)

Our suggestion is that you should discuss this with some respectable persons who should then talk to your brothers about it. It is possible that your brothers are not aware of the gravity of their action in the eyes of Allah SWT and its consequences in the akhirah. Once they are informed and they realise the gravity of their action and they contact you regarding the matter then you may make any agreement that you wish. You should not feel that you are under any duress to give them your wealth. If they take your wealth without your wholehearted approval, then that wealth will not be halal for them, as the hadith states.

2) If during one’s lifetime, someone gives any or all his wealth to someone and the recipient takes possession of it during the lifetime of the benefactor, then that wealth will be considered a gift and, as a result, the recipient will become the sole owner of it. If a parent gifts his wealth to only some of his children or he gifts it to all his children but gives more to some than others, then the ruling is as follows:

- If his intention is to harm the other children then this is makrooh tahreemi (prohibited and sinful).

- If his intention is not to harm the other children but he does not have any valid basis of giving preference to some children over others then this is makrooh tanzeehi (not recommended).

- It is mustahab (preferable) to give to sons and daughters equally.

- If he gave more to some children due to their religiousness, being occupied with doing deeni works or being more needy, then this is mustahab (preferable).

- One should not give to irreligious children more than their necessity. It is preferable to deprive such children and to, instead, give one’s surplus wealth for deeni works.

(Ahsanul Fatawa: 7/256)

And Allah Ta'ala knows best.

Mufti Faizal Riza
14/11/2021

Darul Ifta Australia
www.fatwa.org.au

 

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