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Ruling on Disposing of a Father's Property during His Permanent Unconsciousness Due to Illness

Inheritance,Inheritance,Ruling on Disposing of a Father's Property during His Permanent Unconsciousness Due to Illness

Fatwa No :
84104
| Date :
0000-00-00

Fatwa No : 84104
Ruling on Disposing of a Father's Property during His Permanent Unconsciousness Due to Illness
معاملات / ترکات / احکام وراثت

Ruling on Disposing of a Father's Property during His Permanent Unconsciousness Due to Illness

What do the respected Islamic scholars say regarding the following issue: Our father is seriously ill due to paralysis. He owns a house worth approximately 2.5 million rupees. We are five sisters, four brothers, and one mother. Our families have grown large, so we wish to sell this house and distribute each person’s share accordingly. Kindly guide us in accordance with the Qur'an and Hadith.
(Note): The father has been unconscious for nearly 5 years due to paralysis. However, the authority of the house is in the name of the eldest brother. Based on this authority and power, can the brother carry out transactions with the house in the presence of the mother or not?

الجوابُ حامِدا ًو مُصلیِّا ً

Merely having the property in one's name does not make it permissible to distribute the father's house during his lifetime. However, if the father regains consciousness, such distribution may be carried out with his permission.

مأخَذُ الفَتوی

كما في الدر المختار: (وتتم) الهبة (بالقبض) الكامل (ولو الموهوب شاغلا لملك الواهب لا مشغولا به) والأصل أن الموهوب إن مشغولا بملك الواهب منع تمامها، (5/ 690)۔
و في الفتاوى الهندية: ولا يتم حكم الهبة إلا مقبوضة ويستوي فيه الأجنبي والولد إذا كان بالغا هكذا في المحيط اھ (4/ 377)۔
و في الفقه الإسلامي وأدلته للزحيلي: الشرط السابع وهو قبض الموهوب: وهو أهم الشروط، وهو شرط لزوم وتمام الهبة اھ (5/ 3995)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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