Gift or inheritance for an adopted son (mutabanna)

Question

Question: (Note) The question sent earlier and your honour’s answer are given below: Zayd has no children at all. He declares ʿUmar, the son of one of his full brothers, his adopted son (mutabanna). He came to wish to make ʿUmar the heir of his land and property. Zayd also has other nephews. Fearing that after his death the other nephews too would lay claim to Sharʿi rights, Zayd has the property gifted in ʿUmar’s name.

Answer

There is no blame on ʿUmar in this matter, since he made no impermissible effort; it is permissible for him to use this gifted property and to benefit from it.

Source: Fatawa Mahmudiyya

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