Dought & Clear, - Praised Manners, - His sister gave up her share of the inheritance then she regretted it.

My sister gave up her share of a store to me after our parents died,
but now she regrets it and she wants to changeher mind. Does she have
the right to do that?.
Praise be to Allaah.
The way in which we address this problem willbe based on an attitude
of kindness, generosity and chivalry, and on the basis of what we
would like to think of you, that you are generous, decent and of noble
character, because our great religion teaches usto be kind, uphold
ties of kinship and respond to good treatment in kind, because she is
yoursister who grew up with you and you share ties of kinship with
her, and she has great rights overyou with regard to looking after
her, managing her affairs and striving to make herhappy. So it is
better for you to be kind to her and give back what she gave up for
you, and to respond to her first act of kindness with one that is even
greater, and to let her off so that Allaah will let you off on the Day
of Resurrection.
It was narrated that Abu Hurayrah said: The Messenger of Allaah (peace
and blessings of Allaah be upon him) said: "Whoever agrees with a
Muslim to cancel atransaction, Allaah will forgive his sins on the Day
of Resurrection." Narrated by Abu Dawood (3460) and classed as saheeh
by al-Albaani in Saheeh Abi Dawood.
According to a version narrated in al-Sunan al-Kubra by al-Bayhaqi:
"Whoever agrees with one who regrets it to cancel the transaction,
Allaah will forgive his sins on the Day of Resurrection."
Ibn 'Abd al-Salaam said: Agreeing to cancel a transaction for someone
who regrets it is an act of kindness that is enjoined in the Qur'aan.
End quote, quoting fromal-Mannaawi in Fayd al-Qadeer (6/79).
Rather, we say to you: It would have been better for you to return to
yoursister what she had given to you as soon as you realized that she
regretted it, and you should not have forced her to say that to you in
words, so that she wouldnot feel embarrassed or awkward.
Ma'mar – who was one of the best of the Taabi'een – said:
One of the worst acts of kindness is when you force a person to ask
(for what he needs) when he feels shy beforeyou, so your act of
kindness will not make up for the pain of the shyness that he went
through. It would have been more appropriate for you to find out
aboutwhat your brother needed and send him what he needs, and not
force him to ask. End quote.
This is how it should be among siblings, for theirjoy is one and their
griefis one.
Always remember the great reward that you will have with Allaah if you
do what your sister wants and give back that which she regrets giving,
and relieve her distress, and continue to be kind to her and uphold
ties of kinship with her, especially sinceshe regrets giving it up
because she is in difficulty and is facing poverty. In that case you
should offer her help and give her that which will relieve her
hardship,and reward her for her initial giving up of her share to you.
Allaah says (interpretation of the meaning): "Is there any reward for
good other than good?" [al-Rahmaan 55:60].
The reports quoted above were quoted from'Uluw al-Hammah by al-Sayyid
al-'Afaani (2/612-651, 5/288-302).
But if she initially gave itup because of shyness due to the fear of
blame in a society that mistreats women with regard to inheritance,
orfor fear that her brothers might sever tieswith her if they thought
that she was insisting onher rights, then in that case it is haraam
for you to consume that wealth, and it must be given back to her. The
fuqaha' have stated that whatever is taken due toshyness is haraam
wealth.
It says in al-Mawsoo'ah al-Fiqhiyyah (18/263):
The Shaafa'is and Hanbalis state that if wealth is taken due to
shyness, such as if he asks someone else for wealth in front of people
and he gives it tohim due only to shyness, or he gives it to him out
of shyness, and the recipient knows that thegiver only gave it to him
out of shyness, it does not become his propertyand it is not
permissible for him to dispose of it, even if the recipient did not
ask for it. What matters here is the knowledge that the one who gave
his wealth gave it out of shyness, not out of generosity and not for
something inreturn.
Hence if he joins people whilst they are eating, and they ask him to
eat with them, but he knowsthat it was only because they felt shy, it
is not permissible for him to eat their food. End quote.
To sum up: You should return to your sister thatwhich she gave up to
you, so as to preserve love between you and uphold the ties of
kinship.
We ask Allaah to compensate you with something better.
And Allaah knows best. - - ▓███▓ Translator:->
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