Is it permissible for a father to make a fictitious sale of his house to his two daughters bearing in mind that he has no other children but has blood brothers?
البيع الصوري
Fatwas / Inheritance and donations / Fictitious sale.
Question
Is it permissible for a father to make a fictitious sale of his house to his two daughters bearing in mind that he has no other children but has blood brothers?
البيع الصوري
Answer
Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.
To proceed:
In response to your question, I say:
If this sale is not real and its only purpose is to exclude this house from property that has to be inherited then the sale is not permissible. This is because it involves lying which leads to consuming wealth of people by false pretences. A sale like this neither transfers ownership nor does it have any effect of a valid sale. Consequently, the house is included in inheritance if the father dies.
And Allah knows best.
Your brother,
Dr. Khalid al-Mosleh
29 / 12 / 1424 AH
Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.
To proceed:
In response to your question, I say:
If this sale is not real and its only purpose is to exclude this house from property that has to be inherited then the sale is not permissible. This is because it involves lying which leads to consuming wealth of people by false pretences. A sale like this neither transfers ownership nor does it have any effect of a valid sale. Consequently, the house is included in inheritance if the father dies.
And Allah knows best.
Your brother,
Dr. Khalid al-Mosleh
29 / 12 / 1424 AH