Swearing the son will not take the grandfather's inheritance and the grandfather insisting after the father's death


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Q: We are two brothers and we have two sons to whom (Part No. 23; Page No. 119) their grandfather gave two camels. However, we swore that our sons would not take these camels. After the death of my brother, our father decided that our sons should take these camels. What is the ruling on this issue? You should bear in mind that my brother's son is only seven-years old. Should we offer Kaffarah (expiation)? If so, who should offer the Kaffarah on behalf of my brother? Please, advise. May Allah grant you success!


A: If the two sons took the camels, the fathers have broken their oath and each one of them must offer Kaffarah. They are to feed ten needy persons, clothe them or emancipate a believing bondsman. If they are unable to do any of these things, they should fast for three days. However, if your brother died before allowing his son to take the camel, Kaffarah is not necessary, for he died before the son received the camel.May Allah grant us success. May Allah's Peace and Blessings be upon our Prophet Muhammad, his family and Companions!




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