Impermissibility of a mother leaving her inheritance to one of her sons
I have three brothers and a sister. My father passed away and my mother was about to receive her portion of inheritance but she waived this to one of my brothers on the pretext of my brother having a low income.
My mother thus asked me to register every thing in my brother's name without telling any of my siblings; will I be considered a sinner if I do so? It may be worth mentioning that if I inform my siblings, they may be angry with me because my mother is elderly. What is the opinion of Your Eminence?
If this money is the portion of your mother in the inheritance of your father, it is impermissible for her to bequeath it to some of her children but not the others. It is Wajib (obligatory) for her to deal with them justly (Part No. 16; Page No. 215) so that they all behave virtuously towards her. Proof for the foregoing is the Hadith that
is related by
on the authority of
Al-Nu`man ibn Bashir (may Allah be pleased with them both)
That his father brought him to Allah's Messenger (peace be upon him) and said: 'I have donated this slave of mine to my son.' Allah's Messenger (peace be upon him) said: 'Have you donated to every one of your sons like this?' He said: 'No.' Thereupon Allah's Messenger (peace he upon him) said: 'Then take him back.'
and in another narration the Messenger of Allah (peace be upon him) said:
'Have you done the same with every son of yours?' He said: 'No.' Thereupon he (the Prophet) said: 'Fear Allah, and observe equity with your children.'
Moreover, according to another narration: Then the Prophet said:
'Would it please you that they (your children) should all behave virtuously towards you?' He said: 'Yes.' He (the Holy Prophet) said: 'Then don't do that' 'i.e. Don't give gift to one to the exclusion of others.'
The foregoing applies in the case that your mother gives such portion of inheritance to your brother while she is healthy. Regarding bequeathing it to him, this is impermissible unless the rest of the inheritors, of legal age, permit it. As for the under aged inheritors, their rights have to be kept for them until they are of legal age so that they may permit the will or the gift or receive their rights. Evidence for the foregoing is the Hadith that is narrated by
Abu Umamah who said: I heard the Messenger of Allah (peace be upon him) saying:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
and Al-Tirmidhy who commented: 'It is a Hadith Hasan Sahih',
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.