The gift of what a child needs
Machine translationRead the Arabic original
Q: I am an elderly woman. My husband, my father, and my brothers have all passed away, except for a half-brother and my sisters, all of whom are also elderly. I have only one daughter (who is somewhat disabled), and her husband is a weak, retired man whose salary does not exceed 1,500 riyals. My question, O Shaykh: How can I help my daughter, or what is the lawful way to endow the house to my daughter, if that is permissible, or to gift it to her? Because, as I said, she is weak and has four children. Should it be an endowment or a bequest? I want the house to be secured for her after my death. What is the wording for writing this, and is the responsible authority the
The court or the Office of Notary?
A: As long as the questioner has no children other than this daughter, she may gift her from her wealth whatever she wishes, whether it is little or much; because equalizing gifts is only obligatory among children if there is more than one, and equalizing gifts is not obligatory between children and other relatives. The presence of a brother from her father and sisters has no effect on her gifting to her daughter. She may endow her house for her daughter as an immediate endowment, or she may bequeath that it be endowed after her death, except that in the case of a bequest, it is required that its value not exceed one-third of her estate. If it exceeds that, the excess will not be executed unless the heirs approve. She must fear Allah and not intend by her gift or endowment to deprive her other heirs.
The court or the Office of Notary?
A: As long as the questioner has no children other than this daughter, she may gift her from her wealth whatever she wishes, whether it is little or much; because equalizing gifts is only obligatory among children if there is more than one, and equalizing gifts is not obligatory between children and other relatives. The presence of a brother from her father and sisters has no effect on her gifting to her daughter. She may endow her house for her daughter as an immediate endowment, or she may bequeath that it be endowed after her death, except that in the case of a bequest, it is required that its value not exceed one-third of her estate. If it exceeds that, the excess will not be executed unless the heirs approve. She must fear Allah and not intend by her gift or endowment to deprive her other heirs.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.