Topic:
Ruling on Claiming One's Previously Waived off Share of Inheritance
(No-42138)
My father passed away, and at that time I stated that I would not take my share from his estate and that the remaining heirs could divide the inheritance among themselves. However, due to a change in my circumstances, I now wish to claim my share.
My question is: Since I had previously declared that I would not take my share, am I still entitled, according to Sharīʿah, to claim it now? Furthermore, would I be sinful for doing so?
It should be noted that merely declaring one's intention to forgo one's share of an inheritance, without receiving any compensation, is disregarded.
Therefore, in the situation described, you remain entitled to your prescribed share. It is obligatory upon the heirs to give you the share that Shariah has allocated for you.
۔۔۔۔۔
دلائل:
*رد المحتار: (505/7، ط: سعید)*
الإرث جبري لَا يسْقط بالإسقاط.
*الأشباه و النظائر: (ما یقبل الاسقاط من الحقوق، 272/1، ط: دار الكتب العلمية)*
ﻟﻮ ﻗﺎﻝ اﻟﻮاﺭﺙ: ﺗﺮﻛﺖ ﺣﻘﻲ ﻟﻢ ﻳﺒﻄﻞ ﺣﻘﻪ؛ ﺇﺫ اﻟﻤﻠﻚ ﻻ ﻳﺒﻄﻞ ﺑﺎﻟﺘﺮﻙ.
Allah Almighty knows best,
Darul ifta Al-Ikhlas Karachi.