The ruling on a father distributing his property to his sons to the exclusion of his daughters before his death
Machine translationRead the Arabic original
Question:
What is the ruling on one who distributed his property to his children, excluding the daughters, before his death? Is this considered a bequest? Or is the division of this property to be redone after the owner's death among all his sons and daughters? Or is this division, which took place before the owner's death, valid and considered a bequest?
Answer:
This is a bequest. They do not know that it is a bequest; it is a gift. Distributing his wealth among his children before his death is a gift, not a bequest. In the case of a gift, it is obligatory to be just among his sons and daughters. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 If he excludes some of them and does not give to them, while he gives to others, then this is with regard to his children. In that case, this gift is invalid and forbidden until he is just among them and gives to all of them [An-Nisa 4:11].
The presenter:
May Allah reward you, Your Eminence the Shaykh
What is the ruling on one who distributed his property to his children, excluding the daughters, before his death? Is this considered a bequest? Or is the division of this property to be redone after the owner's death among all his sons and daughters? Or is this division, which took place before the owner's death, valid and considered a bequest?
Answer:
This is a bequest. They do not know that it is a bequest; it is a gift. Distributing his wealth among his children before his death is a gift, not a bequest. In the case of a gift, it is obligatory to be just among his sons and daughters. The Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمfor the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِThe presenter:
May Allah reward you, Your Eminence the Shaykh
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/103 شرح زاد المستقنع/ صالح الفوزان — youtube.com (1:54)
The Arabic text is a machine transcription of the audio recording.
