Selling assets to one’s heirs during one’s fatal illness

Nov 5, 2021 | Inheritance

Question:-

What is the Shari’ee ruling in regards to selling one’s assets to his heirs during one’s fatal illness? Is the sale valid or not?

 

Answer:-

According to Imaam Abu Hanifa Rahmatullahi Alaihi, the sale of a person’s assets to any of his heirs during his fatal illness is not valid even though the asset may be sold for its approximate value or at a price higher than its actual value, unless all the heirs consent to the sale. However, according to the 2 students of Imaam Abu Hanifa Rahmatullahi Alaih, the sale will be valid provided that the asset is sold for its approximate market value.

 

References:- Al-Bahr-ur-Raa’iq

ALLAH TA’ALA KNOWS BEST!

 

ANSWERED BY:-

Mufti Mohammed Desai

Date:- 29 Rabi-ul-Awwal 1443 / 05 November 2021

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