He wants to endow what he gives to his daughters so that it is not sold
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Q: I wish to do something, but I do not know whether it is permissible or not, and I hope you will issue a ruling on it, may Allah reward you. The matter is this: I have five daughters and one son, and they are all married. I am an old man and ill, and I have been blessed, and to Allah the Exalted belongs all praise and favor. I have bought houses for all my children to live in, but I have not yet handed them over to them. I fear that after my death, there will be a great dispute and conflict among them over the inheritance, leading to severing ties. Therefore, I thought of making a residential building for each of my children, to be their property. However, the daughters are easily deceived by their husbands, who will sell the houses and squander them, and I know this from my daughters. For this reason, I wanted to make a building for each of them as an endowment (waqf) for her and her descendants after her, as long as they continue to exist, to protect their rights from being lost. I estimated the value of each building at one million and three hundred thousand riyals. My son works in trade, and my daughters have conditioned me to buy and endow for him something like theirs. However, I want to give him the amount in cash so that he can benefit from it in his trade, and I trust his work in trade so that he may benefit. Is my action permissible: first, regarding the endowment, and second, giving my son cash like his sisters? And is it permissible to
give him the share of two daughters, as Allah has divided in inheritance, where the male has the share of two females?
A: It is obligatory for the father to be just among his children, whether they are male or female, based on the saying of the Prophet (peace and blessings be upon him) to the father of al-Nu'man ibn Bashir when he gave a slave boy to one son and not to his brothers:Sahih al-Bukhari 2587 Therefore, it is incumbent upon you, if you give something of wealth to your son, to give to each of his sisters half of what you gave him. It is not permissible to make an endowment for them in place of the gift to their brother; because the beneficiary of an endowment does not own the property of the endowment, unlike the recipient of a gift, who owns the gifted property. Thus, the justice commanded in the hadith is not achieved by the action you mentioned in your question. And your fear that the daughters will sell what you will gift to them is not a justification for the differentiation mentioned; because the recipient of a gift is free to dispose of the gifted property in whatever way he sees fit.
give him the share of two daughters, as Allah has divided in inheritance, where the male has the share of two females?
A: It is obligatory for the father to be just among his children, whether they are male or female, based on the saying of the Prophet (peace and blessings be upon him) to the father of al-Nu'man ibn Bashir when he gave a slave boy to one son and not to his brothers:
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.
