Selling a portion of one’s property...

Egypt's Dar Al-Ifta

Selling a portion of one’s property to one’s wife to deprive the other heirs of their inheritance

Question

What is the ruling on selling some of one’s property to one’s wife with the intention of depriving one’s other heirs?
A man who has four daughters sold half of his house to his wife to prevent the rest of the heirs from inheriting him. What is the Islamic ruling on this?

Answer

A contract is binding upon the parties who enter into it; every person has the right to dispose of their property as they wish, whether through selling or giving it as a gift, provided the transaction is valid and free of any prohibition in Islamic law.

Since the man mentioned in the question — being in full health and of sound mind — sold half of his house to his wife who is a sane and competent adult, and the sale fulfilled all its essential integrals and conditions, the transaction is considered valid under Islamic law.

However, if his intention in making this sale was to deprive the other heirs or to wrong his siblings, as mentioned in the question, then he is sinful. By doing so, he has evaded the system of inheritance ordained by Allah Almighty and gone against the rulings of Islamic law.

And Allah the Almighty knows best.

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