Returning Inherited Land to a Sister – Obligation if Her Earlier Gift Was Not Willful
Taken from: Aḥkām wa Masāʾil, Masāʾil al-Wirāthah, vol.1, p.398
❖ The Question
Two brothers and one sister inherited a piece of land. About thirty years ago, the sister transferred her share of this land to her brothers. Now, after the death of one brother (who left behind children), the sister is demanding back her share. She had also made this demand during the illness of her deceased brother and is now demanding it from his children and her surviving brother.
The question is:
- Is it Sharʿan obligatory for the surviving brother and the children of the deceased brother to return her share?
- If they refuse, will they be sinful?
- What is the ruling of Qur’an and Hadith on this matter?
❖ The Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ammā baʿd:
Case ① If the Sister Did Not Truly Consent
Although it is written that the sister gave her share thirty years ago “with her consent”, her present demand for its return strongly suggests that she may not have been truly pleased at that time. Rather, she might have remained silent due to social pressure, while her brothers and relatives assumed her silence as consent.
In such a case:
◈ It is obligatory upon the surviving brother and the children of the deceased brother to return her Sharʿi share.
◈ If they do not, they are abandoning an obligation and will be sinful.
Allah says:
﴿وَمَن يَعۡصِ ٱللَّهَ وَرَسُولَهُۥ وَيَتَعَدَّ حُدُودَهُۥ يُدۡخِلۡهُ نَارًا خَٰلِدٗا فِيهَا وَلَهُۥ عَذَابٞ مُّهِينٞ﴾
(al-Nisāʾ:14)
“Whoever disobeys Allah and His Messenger and transgresses His limits – He will admit him to a Fire to abide eternally therein, and he will have a humiliating punishment.”
Case ② If the Sister Truly Gave with Full Consent
On the other hand, if she had, without any coercion or pressure, with full willingness:
◈ Gifted her share to her brothers,
◈ And legally transferred the land to them,
Then in that case:
◈ She no longer has the right to demand it back.
◈ Her demand for return is invalid.
◈ Even if the brothers (or their heirs) return it to her, she is not Islamically entitled to take it, because she had already willingly gifted it.
The Messenger of Allah ﷺ said:
«لَیْسَ لَنَا مَثَلُ السَّوْء الَّذِیْ یَعُوْدُ فِیْ ہِبَتِہِ کَالْکَلْبِ یَرْجِعُ فِیْ قَیْئِہِ»
(Ṣaḥīḥ al-Bukhārī, vol.1, p.357)
“We do not approve of the vile example of one who takes back his gift, like the dog that returns to its vomit.”
Summary:- If her earlier transfer was without true consent, her share must be returned, otherwise the heirs will be sinful.
- If it was a willing gift, she cannot demand it back, nor is it permissible for her to take it if returned.
ھذا ما عندي والله أعلم بالصواب
