Can a Relinquished Share in Inheritance Be Claimed Back Later?
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 401
A woman had two sons, one of whom passed away. From the deceased son’s estate, the mother was entitled to one-sixth (⅙). However, she declared:
"I do not take this share from the orphaned children; rather, I forgive it for them."
It is also noteworthy that this woman already possessed abundant wealth apart from the one-sixth.
Years later, when this woman also passed away, her other son (the uncle of the orphan children) claimed:
"The one-sixth share that my mother was entitled to in my brother’s estate should now be given to me, as I am an heir to my mother’s estate."
The question:
Should the orphaned children return their grandmother’s forgiven share? Please clarify in the light of Qur’an and Sunnah.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
In this case, if:
◈ The uncle admits that his mother forgave her one-sixth (⅙) share in favor of the orphans,
◈ And he acknowledges that his mother explicitly said:
"I do not take this one-sixth from the orphan children"
—then it is absolutely clear that the uncle has no Sharʿi right to reclaim the share which his mother forgave.
Allah ﷻ says:
﴿يَسَۡٔلُونَكَ مَاذَا يُنفِقُونَۖ قُلۡ مَآ أَنفَقۡتُم مِّنۡ خَيۡرٖ فَلِلۡوَٰلِدَيۡنِ وَٱلۡأَقۡرَبِينَ وَٱلۡيَتَٰمَىٰ وَٱلۡمَسَٰكِينِ وَٱبۡنِ ٱلسَّبِيلِۗ﴾
(al-Baqarah: 215)
Translation:
“They ask you what they should spend. Say: Whatever good you spend, it is for parents, close relatives, orphans, the needy, and the traveler.”
This verse reflects the mother’s conduct. By relinquishing her share in favor of her orphaned grandchildren, she performed an act of charity and benevolence.
◈ Once the mother voluntarily renounced her right,
◈ No one else can later claim it on her behalf,
◈ Not even her own son (the uncle of the orphans).
The grandmother, by forgiving her one-sixth share, legally and Sharʿi-wise relinquished it.
Therefore, the son’s demand—"Give me that share now as my mother’s heir"—is not permissible.
The orphans are not required in Sharīʿah to return what was once relinquished for them.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 401
❖ Question
A woman had two sons, one of whom passed away. From the deceased son’s estate, the mother was entitled to one-sixth (⅙). However, she declared:
"I do not take this share from the orphaned children; rather, I forgive it for them."
It is also noteworthy that this woman already possessed abundant wealth apart from the one-sixth.
Years later, when this woman also passed away, her other son (the uncle of the orphan children) claimed:
"The one-sixth share that my mother was entitled to in my brother’s estate should now be given to me, as I am an heir to my mother’s estate."
The question:
Should the orphaned children return their grandmother’s forgiven share? Please clarify in the light of Qur’an and Sunnah.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
In this case, if:
◈ The uncle admits that his mother forgave her one-sixth (⅙) share in favor of the orphans,
◈ And he acknowledges that his mother explicitly said:
"I do not take this one-sixth from the orphan children"
—then it is absolutely clear that the uncle has no Sharʿi right to reclaim the share which his mother forgave.
✿ Evidence from the Qur’an
Allah ﷻ says:
﴿يَسَۡٔلُونَكَ مَاذَا يُنفِقُونَۖ قُلۡ مَآ أَنفَقۡتُم مِّنۡ خَيۡرٖ فَلِلۡوَٰلِدَيۡنِ وَٱلۡأَقۡرَبِينَ وَٱلۡيَتَٰمَىٰ وَٱلۡمَسَٰكِينِ وَٱبۡنِ ٱلسَّبِيلِۗ﴾
(al-Baqarah: 215)
Translation:
“They ask you what they should spend. Say: Whatever good you spend, it is for parents, close relatives, orphans, the needy, and the traveler.”
This verse reflects the mother’s conduct. By relinquishing her share in favor of her orphaned grandchildren, she performed an act of charity and benevolence.
✿ Legal Implication
◈ Once the mother voluntarily renounced her right,
◈ No one else can later claim it on her behalf,
◈ Not even her own son (the uncle of the orphans).
❖ Conclusion
The grandmother, by forgiving her one-sixth share, legally and Sharʿi-wise relinquished it.
Therefore, the son’s demand—"Give me that share now as my mother’s heir"—is not permissible.
The orphans are not required in Sharīʿah to return what was once relinquished for them.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
