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Dispute over Father’s Share: My Brothers Took Without Consulting Mum

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: After my father passed away there was a dispute over his share. My two brothers Took their share without consulting my mum. She was very upset about this. To help calm the situation down I gave all my share of money and company share in writing to my mum which I faxed to my brother. When I called her she was not happy and said the following “what have you got to give when its not yours in the first place”. I kept quite assuming she refused. She died last year and during this period nothing was said and the letter was still in her possesion. My elder brother was told the same. Now that she has passed away my eldest brother and two other siblings are claiming that I have lost my right to my share. Can you please let me have your learnerd opinion?


A: Your deceased father’s estate needed to be wound and distributed according to the stipulated laws of inheritance. If the estate was distributed correctly, then each heir will be entitled to receive his stipulated share and will not be in need of the permission of any other heir. Hence if your brothers took their stipulated share of the estate, then they had taken what was due to them. If you gifted what was due to you from the estate to your mother and she took complete control and possession of the gift, the gifting was valid and you will no longer have any ownership in that wealth. Hence that wealth will form part of the estate of your mother. However if your mother had not taken possession and complete control of the gift, then the gifting was invalid and that wealth will remain in your possession and will not form part of her estate.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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