Father’s Inheritance Right in Property Gifted to the Son
Source: Fatawa Rashidiyyah, Page 558
What do the esteemed scholars say regarding the following matter:
A man gifted his property to his son during his lifetime. Later, the son passed away. Will the father now receive a share from this deceased son's estate or not?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
In this matter, it is essential to understand the principle that once a person gifts something from his ownership to another, that item exits his possession and enters into the ownership of the recipient. If the recipient — in this case, the son — later passes away, the laws of inheritance will apply to whatever property he owned at the time of his death.
Hence, when the father gifted his property to his son, and the son subsequently passed away, then the property in question is now part of the son’s estate. Consequently, the father will receive his prescribed share according to Islamic inheritance law, because the property became part of the son’s ownership, and upon his death, his estate will be distributed among his rightful heirs, which includes the father.
There is a clear Hadith related to this issue:
((جاءت إمراة إلى النبى صلى الله عليه وسلم فقالت يارسول الله إنى تصدقت على أمى بجارية وأنهاماتت فقال آجرك وردعليك الميراث.))
Sunan Ibn Mājah: Kitāb al-Ṣadaqāt, Bāb: Man Taṣaddaqa bi Ṣadaqatin Warithahā, Ḥadīth no. 2394
Translation:
A woman came to the Prophet ﷺ and said: “O Messenger of Allah ﷺ! I gave a slave girl in charity to my mother. Later, my mother passed away.” The Prophet ﷺ replied: “You will receive the reward for the charity, and the slave girl will return to you as an inheritance.”
This Hadith clearly shows that if a person gifts or gives something in charity to another, and the recipient passes away, the giver may receive that very item back as inheritance if they are among the legal heirs.
Therefore, in the given scenario, the father will receive his rightful share from the deceased son’s estate, since the gifted property had entered the son’s ownership, and after his death, it falls under the rulings of inheritance.
Allāh knows best and He alone is the source of correctness.
Source: Fatawa Rashidiyyah, Page 558
❖ Question:
What do the esteemed scholars say regarding the following matter:
A man gifted his property to his son during his lifetime. Later, the son passed away. Will the father now receive a share from this deceased son's estate or not?
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ‘alā Rasūlillāh, ammā ba‘d!
In this matter, it is essential to understand the principle that once a person gifts something from his ownership to another, that item exits his possession and enters into the ownership of the recipient. If the recipient — in this case, the son — later passes away, the laws of inheritance will apply to whatever property he owned at the time of his death.
Hence, when the father gifted his property to his son, and the son subsequently passed away, then the property in question is now part of the son’s estate. Consequently, the father will receive his prescribed share according to Islamic inheritance law, because the property became part of the son’s ownership, and upon his death, his estate will be distributed among his rightful heirs, which includes the father.
❖ Evidence from Hadith:
There is a clear Hadith related to this issue:
((جاءت إمراة إلى النبى صلى الله عليه وسلم فقالت يارسول الله إنى تصدقت على أمى بجارية وأنهاماتت فقال آجرك وردعليك الميراث.))
Sunan Ibn Mājah: Kitāb al-Ṣadaqāt, Bāb: Man Taṣaddaqa bi Ṣadaqatin Warithahā, Ḥadīth no. 2394
Translation:
A woman came to the Prophet ﷺ and said: “O Messenger of Allah ﷺ! I gave a slave girl in charity to my mother. Later, my mother passed away.” The Prophet ﷺ replied: “You will receive the reward for the charity, and the slave girl will return to you as an inheritance.”
This Hadith clearly shows that if a person gifts or gives something in charity to another, and the recipient passes away, the giver may receive that very item back as inheritance if they are among the legal heirs.
❖ Conclusion:
Therefore, in the given scenario, the father will receive his rightful share from the deceased son’s estate, since the gifted property had entered the son’s ownership, and after his death, it falls under the rulings of inheritance.
Allāh knows best and He alone is the source of correctness.
