Darul Ifta, Darul Uloom Azaadville

Declining A Share In Inheritance

· 7 Rajab 1443 AH1 min readEnglish

Question

A Marhoom’s son is from a previous marriage. If this son refuses to accept being part of the estate distribution, how should his portion be discharged then?

Answer

An heir does not have an option in terms of accepting or refusing his/her share of inheritance as these shares are ordained by Allah Taala and the inheritor inherits his/her share automatically.

However, an heir may dispose of his/her share of inheritance after taking possession of it as he wishes, whether by gifting it to one or all of the other heirs or by giving it out in charity.

References (Arabic / Urdu sources)

(رد المحتار 6/649)

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/declining-a-share-in-inheritance/12612/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-12612

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