If a father gives a gift to his son to the exclusion of his two sisters, is this gift valid, or do his sisters have a right to that gift?
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The questioner : He says: I am currently working in Chad in trade. I came from Sudan after my father traveled to the Kingdom of Saudi Arabia. He had a piece of land in Sudan and also a house. He tasked me with selling the land and taking its price to him in Saudi Arabia. I actually sold the land, and after a while, I traveled to him in Madinah al-Munawwarah, where he resides. At that time, he gave me the house located in Sudan. For your information, I have two sisters. When I returned to Sudan, I sold the house and traveled with its value to the state of Chad, where I settled. I bought a house there and established a trade with what remained of the price of the house I sold in Sudan. Is this gift from my father to me valid, or do my sisters have a right to my trade and my house?
The Shaykh : Your father singling you out with this house to the exclusion of your sisters is forbidden and not permissible, because the Prophet (peace and blessings be upon him) saidSahih al-Bukhari 2587.
Accordingly, it is obligatory for your father now to either take back what he gave you, or seek the permission of your two sisters, or give them the same as what he gave you, with each of them receiving half of what he gave you. This is because in a gift, the male share is equal to the share of two females. This is justice, for there is no division more just than the division of Allah (Mighty and Majestic). Allah the Exalted has made it so that for the children, the male share is equal to the share of two females. Accordingly, we say to your father: if he wants to clear himself of this matter, he has one of three options. Either he takes back from the son whom he singled out with this house what he gave him, or he seeks the permission of the two girls until they permit it, or he gives each girl half of what he gave the boy. By doing so, his conscience is cleared. Otherwise, he is sinful. This is from the injustice about which the Messenger (peace and blessings be upon him) saidSahih Muslim 1623g.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : Your father singling you out with this house to the exclusion of your sisters is forbidden and not permissible, because the Prophet (peace and blessings be upon him) said
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمAccordingly, it is obligatory for your father now to either take back what he gave you, or seek the permission of your two sisters, or give them the same as what he gave you, with each of them receiving half of what he gave you. This is because in a gift, the male share is equal to the share of two females. This is justice, for there is no division more just than the division of Allah (Mighty and Majestic). Allah the Exalted has made it so that for the children, the male share is equal to the share of two females. Accordingly, we say to your father: if he wants to clear himself of this matter, he has one of three options. Either he takes back from the son whom he singled out with this house what he gave him, or he seeks the permission of the two girls until they permit it, or he gives each girl half of what he gave the boy. By doing so, his conscience is cleared. Otherwise, he is sinful. This is from the injustice about which the Messenger (peace and blessings be upon him) said
I cannot bear witness to an injustice
لا أشهد على جورThe questioner : Yes.
The Shaykh : Yes.