Q:Assalam Alaikum wr wb
Brother
I want to make an appointment to talk to you on the phone with my family regarding inheritance issue
My mother passed away
She gave my two siblings gold jewelry to give to grand children on their wedding
Whatever she left I want my siblings to divide according to quran
According to my limited knowledge she can only gift 1/3
It is limit of Allah we should not take it lighter
Plus I am not sure she gave full ownership for gifts before she pass away
May Allah rewards you for your time.
A: Walaikumsalam,
I appreciate your question. My answer is not final in nature, it is merely to clarify as to what you are asking with a mild response to help seek clarification.
1) May Allah Grant your beloved mother forgiveness and Jannah ameen.
2) Your mother giving your two siblings to give to the grandchildren will not qualify as a gift giving. If she wanted to give the grandchildren, she should have given it to them.
3) If she gave the jewelry to your two siblings while she was alive, that in itself is not a problem. One cannot give a gift with a condition that they must give it to someone else. This part will need great clarification by your siblings. Generally, giving something to someone cannot have a condition attached to it. Likewise, if you mother gave it to your her grandchildren, that would would be fine. This should not be vague to anyone. This is not what I am thinking has occurred, more so from your inquiry.
4) My recommendation is the following:
All parties have to agree upon what was already given without any condition attached to it. On the other hand, if you mother said: this piece of jewelry is for person Y please give it to her, then the jewelry should have been delivered and it would belong to person Y. It does not appear that this occurred.
5) If agreement cannot be reached as to whom was give what, each person should place everything into the inheritance pool and a religious distribution should take place.
6) Upon each person receiving their portion, if anyone wishes to give any their given share to any member, they are welcome to do so.
7) You are correct, a person can give one third of the inheritance to any Halal place so long as they are not giving this one third to those that are already inheriting.
8) Should a person wish to exclude themselves from inheriting, they are welcome to do so.
Please review the above and resubmit your question.
We can absolutely have a phone conversation. I am in a meeting as of now. However, I will prefer a more precise question to give a more accurate response.
I hope the above is a little helpful to get you in the correct direction.
Allah Certainly Knows Best.