Bequeathing Entire Property to a Nephew: Do the Heirs Still Have a Share?
Source: Fatāwā Rāshidiyyah, p. 582
Question:
Respected scholars were asked: Mahmood had two wives.
✿ From the first wife, he had two sons: Muhammad ʿUthmān and Muhammad ʿUmar.
✿ From the second wife, he had three sons: Muhammad Ḥasan ʿAbd al-Wāḥid, Ramaḍān, and one daughter, Sārah.
After this, Muhammad ʿUthmān passed away. Before his own death, Mahmood transferred all of his property as a gift (hiba) to his nephew.
Please clarify: according to the Sharīʿah of Muhammad ﷺ, will this hiba remain valid, or will the other heirs also have a share in it?
Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, ʿammā baʿd!
If the deceased had gifted (hiba) his entire property to his nephew during his lifetime, then this hiba remains valid. In such a case, the entire property belongs solely to Muhammad ʿUmar’s son — that is, the deceased’s nephew.
ھذا ما عندی واللہ أعلم بالصواب
