Transactions & Dealings >> Inheritance & Will

Question # : 151369

USA

A sister in her full consciousness and with her own willingness gave up her share of inheritance in favor of her brother. In the coming years, the brother asked her sister multiple times that he wants to give her share back but she always insisted that she does not want it. The question is that does the share of inheritance that the sister had forsaken comes in the category of ‘hibah’. Secondly if now, after 22 years as the property prices have greatly increased, she asks her share back will it be as taking back hibah and the hadith about taking back hibah is like a dog eating his vomit will apply here. Brother fully realizes that he is bound to return.

Answer : 151369

Published on: Jun 12, 2017

بسم الله الرحمن الرحيم



(Fatwa: 898/835/SD=9/1438)



 



The share of sister will not be cancelled only by withdrawing her share from the inheritance rather it remains intact. Yes, if she gifts it to someone after taking it into her complete possession then the ruling of gift shall apply to it. In the question mentioned above, it is not clear whether she gifted it to her brother after taking it into her complete possession or before taking it into her complete possession verbally? Explain it and submit the question again.




Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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