Inheritance, Gift (Hibah), and Sharʿi Rulings on Giving Property to Sister and Nephew
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 400
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
This section outlines the Sharʿi rulings regarding inheritance, hibah (gift), and property-related matters in the case of Muḥammad Bashīr, who falls under the category of kalālah (a person who leaves behind neither a father nor a son). He has two brothers and one sister alive.
Allah ﷻ says:
﴿ وَإِن كَانُوٓاْ إِخۡوَةٗ رِّجَالٗا وَنِسَآءٗ فَلِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۗ ﴾
(al-Nisāʾ: 176)
Translation:
“And if there are brothers and sisters, then the share of the male is equal to that of two females.”
◈ In the current case, Muḥammad Bashīr’s nephews and nieces are not his Sharʿi heirs because they are counted among dhawī al-arḥām (extended relatives). In the presence of ʿaṣabah (close agnatic heirs, such as brothers), dhawī al-arḥām do not inherit.
◈ Therefore, Muḥammad Bashīr cannot legally gift his estate/property as hibah to nephews/nieces.
◈ However, he may make a waṣiyyah (bequest) in their favor, but only up to one-third (⅓) of his total estate.
If a person sells all of his property and donates it in the path of Allah, the consequence is that the rightful heirs are deprived of their shares—while in Sharīʿah, depriving heirs is prohibited.
◈ Therefore, Muḥammad Bashīr cannot sell all his land and spend the entire amount in charity.
The incident of Abū Bakr al-Ṣiddīq (RA) is not a valid argument here, because:
This is permissible.
◈ If Muḥammad Bashīr sells his land and uses the money to fulfill the obligation of Ḥajj, or for any lawful and virtuous purpose such as trade or livelihood, it is Sharʿi and valid.
Allah ﷻ has already specified a Sharʿi share for the sister in inheritance.
◈ Therefore, she will receive her rightful portion after Muḥammad Bashīr’s death, according to Sharīʿah.
◈ Her share cannot be fixed or transferred during his lifetime, since the estate’s value and condition may change.
◈ A person retains full authority over his property during his lifetime.
Thus:
✔ Nephews/nieces are not heirs; they can only benefit from a bequest up to one-third.
✔ One cannot sell all property solely for charity, as this deprives heirs.
✔ Selling property for Ḥajj or lawful business is permissible.
✔ The sister’s rightful share will only be determined after death according to Sharīʿah.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
Source: Aḥkām wa Masāʾil – Masāʾil of Inheritance, Volume 1, Page 400
❖ Introduction
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
This section outlines the Sharʿi rulings regarding inheritance, hibah (gift), and property-related matters in the case of Muḥammad Bashīr, who falls under the category of kalālah (a person who leaves behind neither a father nor a son). He has two brothers and one sister alive.
① Giving Property to Nephew/Niece as Hibah (Gift)
Allah ﷻ says:
﴿ وَإِن كَانُوٓاْ إِخۡوَةٗ رِّجَالٗا وَنِسَآءٗ فَلِلذَّكَرِ مِثۡلُ حَظِّ ٱلۡأُنثَيَيۡنِۗ ﴾
(al-Nisāʾ: 176)
Translation:
“And if there are brothers and sisters, then the share of the male is equal to that of two females.”
◈ In the current case, Muḥammad Bashīr’s nephews and nieces are not his Sharʿi heirs because they are counted among dhawī al-arḥām (extended relatives). In the presence of ʿaṣabah (close agnatic heirs, such as brothers), dhawī al-arḥām do not inherit.
◈ Therefore, Muḥammad Bashīr cannot legally gift his estate/property as hibah to nephews/nieces.
◈ However, he may make a waṣiyyah (bequest) in their favor, but only up to one-third (⅓) of his total estate.
② Selling Entire Property and Spending in the Path of Allah
If a person sells all of his property and donates it in the path of Allah, the consequence is that the rightful heirs are deprived of their shares—while in Sharīʿah, depriving heirs is prohibited.
◈ Therefore, Muḥammad Bashīr cannot sell all his land and spend the entire amount in charity.
The incident of Abū Bakr al-Ṣiddīq (RA) is not a valid argument here, because:
- He did not give away his entire estate,
- Rather, he presented part of his household wealth for jihād in the service of the Messenger of Allah ﷺ.
③ Selling Land to Perform Ḥajj or Start a Business
This is permissible.
◈ If Muḥammad Bashīr sells his land and uses the money to fulfill the obligation of Ḥajj, or for any lawful and virtuous purpose such as trade or livelihood, it is Sharʿi and valid.
④ Transferring Property in Sister’s Name
Allah ﷻ has already specified a Sharʿi share for the sister in inheritance.
◈ Therefore, she will receive her rightful portion after Muḥammad Bashīr’s death, according to Sharīʿah.
◈ Her share cannot be fixed or transferred during his lifetime, since the estate’s value and condition may change.
◈ A person retains full authority over his property during his lifetime.
Thus:
- Transferring property in the sister’s name while alive is not valid.
- After his death, she will receive her designated share as per Qur’an and Sunnah.
❖ Conclusion
✔ Nephews/nieces are not heirs; they can only benefit from a bequest up to one-third.
✔ One cannot sell all property solely for charity, as this deprives heirs.
✔ Selling property for Ḥajj or lawful business is permissible.
✔ The sister’s rightful share will only be determined after death according to Sharīʿah.
ھٰذَا مَا عِندِي وَاللّٰهُ أَعْلَمُ بِالصَّوَابِ
