Some sons contributed to the construction of their father's property; is it permissible for him to prefer them over the others with a share in the gift?
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Fatwa number ( 21560 )
Q: A father has three sons. He built a property with the contribution of two of his sons, excluding
the third, and this third did not contribute for health and financial reasons. After a while, Allah granted him health and wealth, so he built a property specifically for himself. After a period, the father wanted to gift the property to his sons. How should the gift be divided among them?
A: If the contribution of the two mentioned sons was a voluntary gift to their father, then the property belongs to the father, and it is not permissible for him to prefer some of his children by gifting it to them; because the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 . However, if the contribution of the two sons was not a voluntary gift, but rather considered their right in the property, then the father may give them from the property an amount equal to their contribution, even if he does not give anything to his other sons who did not contribute; because this gift is the right of those who contributed, and it is their share of the property. And whatever exceeds that, the father may gift it to all his children. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: A father has three sons. He built a property with the contribution of two of his sons, excluding
the third, and this third did not contribute for health and financial reasons. After a while, Allah granted him health and wealth, so he built a property specifically for himself. After a period, the father wanted to gift the property to his sons. How should the gift be divided among them?
A: If the contribution of the two mentioned sons was a voluntary gift to their father, then the property belongs to the father, and it is not permissible for him to prefer some of his children by gifting it to them; because the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.