Sayyiduna Sa’d radiyallahu anhu reported: Rasulullah (sallallahu alayhi wa sallam) visited me while I was ill in Makkah Mukarramah. I said to him, “I own some wealth. May I donate all of it?” Rasulullah (sallallahu alayhi wa sallam) said, “No.” I said, “Half of it?” Rasulullah (sallallahu alayhi wa sallam) said, “No.” I said, “A third of it?” ’Rasulullah (sallallahu alayhi wa sallam) said, “Yes a third, but this is still too much. That you leave your inheritors wealthy is better than leaving them dependent, begging for what people have. Whatever you spend on them is charity for you, even the morsel you feed to your wife.” [Sahih Bukhari]
Question:
Upon the passing of my father, all the children gave the house to our mother. The house is registered in her name. Our mother now intends to sell the house. The son is objecting to the sale claiming that he has right over the house as he is an heir. Is this correct?
(Question published as received)
Answer:
The mother does not require her son’s permission to sell the house as she is the sole owner of the house.
The son relinquished any right to the house when he gifted his share to his mother. The share of a potential heir has no consideration in Islamic Law.
The son may pass away first in which case his mother will then become his heir rather than the opposite. [Hindyyah 6: 447]
And Allah Ta’ala Knows Best
Fatwa Department
Jamiatul Ulama (KZN)
(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.)