Question
Some years ago a person passed away. The following night or so, one of the daughters called a meeting in which she said to the other children that she was of the opinion that they all should give their total inheritance to their mother. The others verbally agreed. Is this valid?
Answer
It is not valid. According to the Shariah, it is imperative to first take possession of one's inheritance. Only after one's share has come into one's possession, may one do with it as one pleases. A 'donation' of one's share of inheritance prior to distribution and possession is not valid. Even if an heir renounces his/her share or makes a gift of it before distribution and possession, such renunciation and gift will not be valid.
The daughter acted in conflict with the Shariah. The verbal or even written agreement of the other heirs is not valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 06
- PDF page
- 12
Verbatim verified against the source PDF
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