Source: Fatāwā Rāshidiyyah, Page 574
The deceased, Allah Bachayo, sold his land to his nephews during his terminal illness. The price was fixed, and two thousand rupees were given as an advance. At that time, the land was worth much more, but the deal was made at a very low price. Due to the buyer’s busyness and the seller’s severe illness, registration could not be completed, nor was any written agreement made. Later, Allah Bachayo passed away. His wife returned the advance money to the nephews, and they accepted it.
Now, according to the Shari‘ah of Muhammad ﷺ, who is the rightful owner of the land?
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
It must be clarified that the deceased entered into this transaction during his terminal illness, and such a sale is not valid in Sharīʿah. To leave one’s heirs in poverty and compel them to beg from others is not an appropriate act for a Muslim in his final days.
During terminal illness, neither charity is permissible, nor gift, nor bequest, because these acts deprive the rightful heirs.
It is narrated:
((عن أبيه أنه اشتكى بمكة فجاءه رسول الله صلى الله عليه وسلم فلمارآه سعدبكي وقال يارسول الله أموت بالارض التى هاجرت منهاقال لاإن شاءالله وقال يارسول الله صلى الله عليه وسلم أوصى بمالى كله فى سبيل الله قال لاقال يعنى بثلثه قال لاقال فنصفه قال لاقال فثلثه قال رسول الله صلى الله عليه وسلم الثلث والثلث كثيرإنك انتترك بنيك أغنياءخيرمن أن تتركهم عالة يتكففون الناس.))
أخرجه البخارى…
Meaning: Saʿd (RA) fell ill in Makkah. The Messenger of Allah ﷺ came to visit him. Saʿd began to weep and said: O Messenger of Allah ﷺ, will I die here in the land from which I migrated? The Prophet ﷺ said: No, if Allah wills. Saʿd then asked: Shall I bequeath all of my wealth in the path of Allah? The Prophet ﷺ said: No. Saʿd said: Half of it? He ﷺ said: No. Saʿd said: One-third? He ﷺ replied: One-third, and even one-third is too much. It is better to leave your heirs wealthy than to leave them poor and dependent upon others.
The Sharīʿah of Muhammad ﷺ does not permit causing harm to the heirs. As in the Hadith:
((عن عبادة بن الصامت أن رسول لله صلى الله عليه وسلم قضى لاضررولاضرار.))
And in another narration:
((عن ابن عباس رضی الله عنه قال قال رسول لله صلى الله عليه وسلم لاضررولاضرارا.))
رواة ابن ماجه…
From the described situation, the following points are clear:
✿ The sale of land during terminal illness must be revoked in Sharīʿah.
✿ The land was sold at a very low price while its market value was much higher, which is irrational, as no wise person sells a valuable asset at a loss.
✿ No written agreement was made, and the advance given was minimal.
✿ The registration of sale was not completed.
✿ The widow returned the advance, and the nephews accepted it.
Based on all these factors, the transaction is void and has been annulled. The deceased’s decision in terminal illness to deprive his heirs of wealth was also impermissible.
The land remains the rightful property of the heirs.
ھذا ما عندی واللہ اعلم بالصواب
❖ Question
The deceased, Allah Bachayo, sold his land to his nephews during his terminal illness. The price was fixed, and two thousand rupees were given as an advance. At that time, the land was worth much more, but the deal was made at a very low price. Due to the buyer’s busyness and the seller’s severe illness, registration could not be completed, nor was any written agreement made. Later, Allah Bachayo passed away. His wife returned the advance money to the nephews, and they accepted it.
Now, according to the Shari‘ah of Muhammad ﷺ, who is the rightful owner of the land?
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
◈ Sale of Land During Terminal Illness
It must be clarified that the deceased entered into this transaction during his terminal illness, and such a sale is not valid in Sharīʿah. To leave one’s heirs in poverty and compel them to beg from others is not an appropriate act for a Muslim in his final days.
During terminal illness, neither charity is permissible, nor gift, nor bequest, because these acts deprive the rightful heirs.
◈ Evidence from Hadith
It is narrated:
((عن أبيه أنه اشتكى بمكة فجاءه رسول الله صلى الله عليه وسلم فلمارآه سعدبكي وقال يارسول الله أموت بالارض التى هاجرت منهاقال لاإن شاءالله وقال يارسول الله صلى الله عليه وسلم أوصى بمالى كله فى سبيل الله قال لاقال يعنى بثلثه قال لاقال فنصفه قال لاقال فثلثه قال رسول الله صلى الله عليه وسلم الثلث والثلث كثيرإنك انتترك بنيك أغنياءخيرمن أن تتركهم عالة يتكففون الناس.))
أخرجه البخارى…
Meaning: Saʿd (RA) fell ill in Makkah. The Messenger of Allah ﷺ came to visit him. Saʿd began to weep and said: O Messenger of Allah ﷺ, will I die here in the land from which I migrated? The Prophet ﷺ said: No, if Allah wills. Saʿd then asked: Shall I bequeath all of my wealth in the path of Allah? The Prophet ﷺ said: No. Saʿd said: Half of it? He ﷺ said: No. Saʿd said: One-third? He ﷺ replied: One-third, and even one-third is too much. It is better to leave your heirs wealthy than to leave them poor and dependent upon others.
◈ Principle of Sharīʿah
The Sharīʿah of Muhammad ﷺ does not permit causing harm to the heirs. As in the Hadith:
((عن عبادة بن الصامت أن رسول لله صلى الله عليه وسلم قضى لاضررولاضرار.))
And in another narration:
((عن ابن عباس رضی الله عنه قال قال رسول لله صلى الله عليه وسلم لاضررولاضرارا.))
رواة ابن ماجه…
◈ Ruling on the Present Case
From the described situation, the following points are clear:
✿ The sale of land during terminal illness must be revoked in Sharīʿah.
✿ The land was sold at a very low price while its market value was much higher, which is irrational, as no wise person sells a valuable asset at a loss.
✿ No written agreement was made, and the advance given was minimal.
✿ The registration of sale was not completed.
✿ The widow returned the advance, and the nephews accepted it.
Based on all these factors, the transaction is void and has been annulled. The deceased’s decision in terminal illness to deprive his heirs of wealth was also impermissible.
Final Ruling
The land remains the rightful property of the heirs.
ھذا ما عندی واللہ اعلم بالصواب
