A gift to the widow of a deceased son

Question

Question: Zayd has four sons: Nur Muhammad, Bhai Ramadan, Fayd Muhammad and Wali Muhammad. Nur Muhammad passed away during Zayd’s own lifetime. After that Zayd divided all his land between his three sons and Nur Muhammad’s widow. Then Zayd passed away. About ten or twelve years after that, his three sons became claimants, asserting that the widow has no right in Zayd’s land, and therefore the land that Zayd gave to the widow ought to come to them.

Answer

The land which Zayd gifted and divided between his three sons and the widow of one deceased son, removing his own possession and putting them in possession, will be their property according to the division, so that it is now not Zayd’s estate. There is no right to take back from the widow what was given to her.

Source: Fatawa Mahmudiyya

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