This Gift is Lawful

Question :

My mother inherited some money from her father, but she gave it all to her brother, despite the fact that she has eight children of her own. Is such a gift lawful? What share do her children have of her inheritance?

Answer:

This woman, as the questioner mentioned, inherited something from her father, then gave all of what she inherited from her father to her brother. One of her sons is asking if this gift is allowed. We say if she is in good physical health when she gives this gift, it is a lawful gift she can do as she pleases with her wealth as long as she doesn't favor one or more of her children over the rest. She has the right to give to her brother or to anybody else for that matter, without anyone being able to prevent her. The second question is unclear- does the questioner mean her inheritance from her father or the estate she leaves behind when she dies? If he meant what portion of what she inherited from her father, then they have no right in that wealth as long as the mother is alive. When she dies, then it is distributed according to what relatives she leaves behind when she dies. It is not possible to make a ruling at this time. If she gives her wealth to her brother when she is sick, a sickness which is likely to lead to her death, then she is only allowed to give from a third of her wealth. Therefore, if what she received from her father's inheritance constitutes a third or less of her wealth, she can give it to her brother. If it constitutes more than a third, the validity of her gift is conditional on permission given by her heirs.

Source:
Ibn 'Uthaimin
Fatawa Islamiyah, Vol. 7 Pages 352-353