He wants his wealth after his death to be for his sons and daughters; he wants to make a bequest to them during his lifetime
Machine translationRead the Arabic original
Q: I request from your Eminence that you issue a fatwa on a matter concerning me. I wish to restrict my wealth after my death to my sons from my loins by means of a financial endowment (waqf) for the sons of the front (male line) and not for the sons of the back (female line). I also wish to clear my conscience regarding my daughters by gifting some of my wealth to them during my lifetime. Is there any harm in this? If there is no harm, what is the way to execute this bequest? And if there is injustice to the rights of the other heirs, I ask for clarification. May Allah illuminate for you the path of guidance and correctness, and may Allah benefit all His creation with your knowledge. May Allah preserve you?
A: Allah the Exalted has divided the inheritance of the deceased among his heirs and obligated them to act according to His division. He explained to them that He legislated this so that they would not go astray. Allah the Exalted said in the verse of inheritance:[An-Nisa 4:11], and He said in the last verse of the Kalalah: [An-Nisa 4:176]. Allah the Exalted has commanded justice in bequests, and the Messenger of Allah (peace and blessings be upon him) commanded justice in giving to children.
He (peace and blessings be upon him) explained in the authentic hadith thatSahih al-Bukhari 1 It has become clear from the question that the questioner intends to endow his wealth, which is established for his sons from his loins, and to deprive the daughters of it, compensating them for it with something that does not resemble it. This is an escape from the division of Allah the Exalted, and it is a biased endowment not intended for the face of Allah the Exalted. So you must, may Allah guide you to His obedience, leave this matter and be content with the division of Allah the Exalted and be just between your children.
A: Allah the Exalted has divided the inheritance of the deceased among his heirs and obligated them to act according to His division. He explained to them that He legislated this so that they would not go astray. Allah the Exalted said in the verse of inheritance:
Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
آبَاؤُكُمْ وَأَبْنَاؤُكُمْ لا تَدْرُونَ أَيُّهُمْ أَقْرَبُ لَكُمْ نَفْعًا فَرِيضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًاAllah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يُبَيِّنُ اللَّهُ لَكُمْ أَنْ تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌHe (peace and blessings be upon him) explained in the authentic hadith that
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended
الأعمال بالنيات وإنما لكل امرئ ما نوى،
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.