What is the ruling on preferring one son over the others in gifts?

The questioner : Yes, Honorable Shaykh. This is a man who has five sons and owns a group of apartments. One of the sons is living in one of the apartments, so one of the brothers told him that it is not permissible for him to show preference in that matter. Please guide us in light of this question.

The Shaykh : Yes, the one who told him that it is not permissible for him to give one of his sons an apartment and leave the others is correct. It is not permissible for a man to prefer some of his sons over others, unless they consent and are adults, of sound mind, and guided, and they agree that their father prefers some of them over others. In that case, there is no harm, because the right belongs to them. However, even if they give permission, he should not show preference, because it is possible that they only gave permission out of shyness toward their father, or fear of their brother, or for some other reason.

The questioner : If the sons, Honorable Shaykh, are satisfied with housing this son.

The Shaykh : I mentioned that if it is with their permission, there is no harm. Also, if it is merely housing him, not gifting him the apartment, but he is living in it because he needs housing and his other brothers do not need it, then there is no harm.