Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Dear Sir, ASKM,

 
Please reply to my following question in the light of Deen.

 
A piece of land was inherited by 3 brothers and 1 sister, about 25/30 years back, at the time of distribution of this land among inheritors, husband of the sister(brother in law, who is expired), said he does not want the share and his(means his wife) share may be divided among the 3 brothers, without anything in return.

This decision of waiving off the share am not sure if the sister was aware of, but still I feel this decision was a mutual one & not a sole decision by her husband.

 
Based upon the instruction of their brother in law,the 3 brothers divided the whole piece of land into 3 equal parts and kept each apiece, now after so many years the sister claims her share back, saying that her husband is dead now and she is not finacially the same once she use to be, which also is not 100% correct.

 
Kindly advise what action should be taken by the only alive brother, who was a witness to the above genorosity by the sister and her husband and the legal heirs(not witnessed the above genorosity) of the rest of expired brothers.

 
Awaiting your reply soonest.

 
JAZAK ALLAH KHAIR

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Answer:

Husband refuse inheritance for wife

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

If the decision to gift her share of the inheritance to her brothers was made by the sister (in consultation with her husband), she was indeed well within her rights to do so. If the sister did indeed agree and consent to gift her share of her inheritance unto her brothers, it would not be appropriate for her to ask that her gift be returned back to her.

Sunan of Abu-Dawood Hadith 3532 Narrated by Abdullah Ibn Umar ; Abdullah Ibn Abbas

The Prophet (saws) said: ‘It is not lawful for a believer to give a gift and then take it back. The similitude of one who gives a gift and then demands it back is like a dog which eats and vomits when it is full, then returns to consume its (own) vomit!

But if the sister claims that it was her (now deceased) husband who unilaterally made the decision without her consent to gift her share of the inheritance unto her brothers, absolutely regardless of how much time has since elapsed, she is well within her rights to demand that her surviving brother and the legal heirs of her deceased brothers return her lawful share unto her.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan