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Can an heir forfeit his/her share of inheritance during the lifetime of the deceased?

 

 

Nasihah (Advice): Forbearance & Gentleness

 

Sayyiduna Jareer Bin Abdullah Radhiyallahu Anhu reports that Rasoolullah Sallallahu Alayhi Wasallam said: “Whoever is deprived of forbearance and gentleness is, in fact, deprived of all good.” (Sahih Muslim)

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Question and Answer:

 

  1. If any heir, during the lifetime of the deceased agreed to not claim any shares of inheritance from the deceased’s estate after demise, are they still entitled to make any claim from the deceased’s estate?

 

(Question published as received)

 

  1. If any settlement or agreement was entered into between the deceased and any of the heirs during the lifetime of the deceased to forfeit their right or share of inheritance after the demise of the deceased, such a settlement or agreement is not binding.

 

Therefore, after the demise of the deceased, the heirs retain the right to claim the shares of inheritance entitled to them as the right of inheritance is only established after the demise of a person. (Hidaayah 4/514)

 

And Allah Ta’ala Knows Best

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.) 

 

Fatwa Department
Jamiatul Ulama (KZN) 

Council of Muslim Theologians
223 Alpine Road, Overport

Durban, South Africa
Tel : +27 (0) 31 2077099

Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za

 

 

 

 

 

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