Mufti Online — Madrasah Ta'leemuddeen

Father distributing his wealth during his lifetime

· 26 Rabiʻ II 1444 AH1 min readEnglish

Question

My father distributed his estate during his lifetime. The following questions come to mind:

1. If it was given away in his lifetime, was it necessary to give the brothers double share and if it was done like this, is this valid in shariah?

2. His house was given to my mother with specific instructions to give it to my brother so that in does NOT go into her estate upon her demise. Was this correct?

Answer

1. It was permissible if he had a reason to prefer one over the other. In that case it will not even be makrooh.

2. If your father gave it to your mother assuming her to represent him in gifting the house to your brother, and not for her to be the owner, then the house will form part of your father's estate. However, if he made her the owner and in her lifetime she gifted it to your brother then he will be the owner.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Ebrahim Salejee (Isipingo Beach)
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/33489
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