Fatwa No : 83182
The ruling regarding giving property to daughters during one’s lifetime

The ruling regarding giving property to daughters during one’s lifetime

What do the esteemed scholars and respected muftis say regarding the following issue:
The situation is as follows: Zaid had two daughters, and he gave them their due share during his lifetime. Zaid himself was ill and had become elderly. He spent the remaining part of his life with his nephew, and concerning the rest of his property, he made a will stating that one-third (1/3) of his property should be spent on him (i.e., likely for funeral expenses, charity, or something in his name), and the remaining two-thirds were dedicated (waqf) in the name of himself and the nephew who served him. There are witnesses to this event. Now, both his distant and close nephews are claiming inheritance from his estate. The reality is that Zaid only had two daughters, who have already received their full shares. Zaid had no living father, brother, uncle, wife, or other close relatives, meaning he had no immediate surviving heirs. Therefore, the question is: Is the nephew, for whom Zaid made a will, entitled to inherit? And are the remaining (distant) relatives eligible to claim inheritance? Jazakum Allahu Khayran.

الجوابُ حامِدا ًو مُصلیِّا ً

If the person named Zaid, during his lifetime, gave anything to his daughters or anyone else and also handed over actual ownership and possession, then according to Shariah, this is considered a gift (hiba), which is undoubtedly valid and permissible. However, giving something in this way does not deprive any rightful heir of their share in the inheritance.
Therefore, regarding the mention in the question that the daughters received their due share, if what they received was given during the lifetime of the deceased, then even so, they are still heirs to two-thirds of the remaining estate of their late father. Whatever they received during his lifetime will be considered a gift or present (hiba/hadiyah).
But if the giving occurred after death, then the question should be clarified again on what basis was it given? Please explain this aspect and resubmit the question. It will be reconsidered accordingly. It should also be clarified whether the will made by the deceased concerning the remaining property exists in written form or not. Furthermore, are there any sisters of the mentioned nephew, or any children of the deceased’s brothers? If yes, what is their exact relation to the deceased? Please write answers to these clarifications and resubmit the question to the Darul Ifta. In shā Allah, it will be reviewed again. And Allah knows best.

مأخَذُ الفَتوی

كما في الفتاوى الهندية: ولو وهب رجل شيئا لأولاده في الصحة وأراد تفضيل البعض على البعض في ذلك لا رواية لهذا في الأصل عن أصحابنا وروي عن أبي حنيفة رحمه الله تعالى أنه لا بأس به (إلی قوله) رجل وهب في صحته كل المال للولد جاز في القضاء اھ (4/ 391)۔
و في الدر المختار: وهل ارث الحي من الحي ام من الميت؟ المعتمد: الثاني شرح وهبانية اھ (6/ 759)۔
و في حاشية ابن عابدين: (قوله وهل إرث الحي من الحي إلخ) أي قبيل الموت في آخر جزء من أجزاء حياته اھ (6/ 758)۔واللہ تعالیٰ اعلم بالصواب