Question:
Can the inheritors give up their share before receiving it, or do they have to receive it then give? In the case of a house, would they need to legally receive ownership or just verbally?
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allah, the Most Gracious, the Most Merciful
Answer
Regarding inheritance, ownership is not contingent upon any spoken words nor documents. Upon a person’s death, the inheritors stipulated by Allah (SWT) automatically become the owners of their relative’s estate per their respective portions.
Nevertheless, after the shares are distributed, the inheritor must first receive and take full possession of their share. After that, they may give it with their consent to whomever they like without being pressured into doing so. Merely forgoing or ‘giving up’ one’s share will not be considered. In such a case, one’s right would not be waived, and they would still be entitled to their share.
Raddul Muhtar: v. 12, p. 116 (Dar ‘Aalam Al-Kutub)
لو قال تركت حقي من الميراث او برئت منها و من حصتي لا يصح و هو على حقه لان الارث جبري لا يصح تركه
Raddul Muhtar: v. 11, p. 678 (Dar ‘Aalam Al-Kutub)
الارث جبري لا يسقط بالاسقاط
Only Allah knows best
Written by Maulana Mohammad Ahsan Osmani
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham