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Friday, July 17, 2020

I wrote a will contract for my sister's children to have an agricultural plot of land of mine....

Question: I wrote a will contract for my sister's children to have an agricultural plot of land of mine. Then, I handed over the contract to their guardian. Now, I use it and pay them an annual rent. What is the ruling on nullifying my will and getting the contract back from the guardian?

 

        Answer: Making a will for relatives is considered as a means of kindly keeping the bonds of kinship, which Allah has commanded us, urged us and awakened our desire to maintain. Allah has showed its merit and its great reward both in this world and the Hereafter, including blessing in this life, an increase in livelihood, driving affliction away, home development and good reputation after death. This act is considered a received will after signing the contract, delivering it to the guardian and the payment of rent.

 

As for nullifying what you have done, it is contrary to the rules of the true Sharia according to the ḥadīth: “It is not permissible for anyone to give a gift, then take it back, except the father who gives a gift to his children”. (Narrated by At-Tirmizi) Ibn ˁAbbās (may Allah be pleased with him and his father) narrated that the Messenger of Allah (pbuh)said, “The parable of one who takes back a gift he has already given is like a dog which vomits and then returns to eat its vomit”. (Narrated by Muslim)

The Prophet (pbuh) stated the prohibition of this act [of nullifying a will] and showed how much upright souls would disapprove of this act, as he depicted it in this disgusting image which any normal person would certainly dislike. Allah knows the best.


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