Short answer
Yes, after the death, if every heir involved is an adult of sound mind and freely agrees, knowing their Islamic share. Each one is then gifting part of what they own. A minor's share cannot be given away, and no one can be pressured. A plan to override the shares made before the death does not bind anyone.
After death, adult and sane heirs may settle the estate among themselves by mutual consent (takharuj or sulh), including one heir taking an asset in exchange for leaving the rest, or brothers gifting part of their share to sisters. The shares of minors and the insane cannot be reduced by any guardian. Consent given before the death has no effect.
The four schools agree on this.
Explanation
Sometimes the brothers want to share equally with their sisters, or the children want their mother to keep the house, or one heir wants the car and another the savings. Islam allows this, because once the estate is divided by the Quran's shares, each heir owns their part and may do with it what they like.
Conditions:
- After the death. A promise made while the person was alive, such as "we will all agree to split equally", binds no one. Each heir can still claim their full share afterwards.
- Everyone knows their share. Work out the Islamic shares first with the inheritance calculator. Consent is only real if people know what they are giving up.
- Adults of sound mind. A child's share must be kept for them, and a guardian cannot give it away.
- Free consent. No pressure, guilt or shame. Allah allows taking what others give "willingly."
Common arrangements:
- Brothers giving sisters more: each brother gifts part of his share. This is generous and good.
- One heir takes a specific asset, such as the house, and pays the others the value of their shares, or leaves his share of everything else.
- All agree to leave the mother in the house for her lifetime, while each still owns his share.
Write the agreement down, with the shares, what each person receives and their signatures, so no one disputes it later. If someone was pressured, the agreement does not make their share lawful for others; see denying women their inheritance.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah An-Nisaa 4:29
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَأْكُلُوٓا۟ أَمْوَٰلَكُم بَيْنَكُم بِٱلْبَٰطِلِ إِلَّآ أَن تَكُونَ تِجَٰرَةً عَن تَرَاضٍۢ مِّنكُمْ ۚ وَلَا تَقْتُلُوٓا۟ أَنفُسَكُمْ ۚ إِنَّ ٱللَّهَ كَانَ بِكُمْ رَحِيمًۭا ﴿٢٩﴾
O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you ever Merciful.
Wealth changes hands lawfully only with free consent.
Quran, Surah An-Nisaa 4:4
وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحْلَةًۭ ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍۢ مِّنْهُ نَفْسًۭا فَكُلُوهُ هَنِيٓـًۭٔا مَّرِيٓـًۭٔا ﴿٤﴾
And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.
Taking what an owner gives up willingly is lawful.
Where the ruling is recorded
- al-Sirajiyya with its commentaries, Bab al-Takharuj. An heir leaving his share in exchange for a specific asset.
- al-Hidaya, Kitab al-Sulh, settlement over an estate. Settlement among heirs by consent.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Fara'id and Kitab al-Sulh. No waiver for a minor; consent before death is void.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.