My father married two women, one of whom is my mother and has nine children, and the other has three children. During his lifetime, he divided the estate, but he divided it when
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The questioner : O dear brothers, this questioner, Mubarak Fawaz Awad, from the Arab Republic of Egypt, sent this question. He says: My father has passed away, may Allah have mercy on him. He was married to two women: one is my mother, who gave birth to me, and he has nine children from her; and he was married to another woman, and he has three children from her. During his lifetime, he divided his property out of fear of discord among the children. However, he divided that property when he had only three children from the first wife and six from the second. After the division, the second wife gave birth to three more children. Now he has passed away. What must we do after his death? And is there a sin on him for that division?
The Shaykh : Dividing his wealth among his children is not a blame on him, provided the division is in accordance with justice, such that the male receives the share of two females. However, it is not recommended that he do so, because if he divides his wealth among them, he removes it from his ownership, and he may need it during his lifetime. Also, new children may be born to him, as in this question. Therefore, it is recommended that a person not divide his wealth among his heirs during his lifetime, even if he expects no children in the future, for the reason we mentioned: he may need his wealth, and he would have removed it from his ownership.
As for his statement that he divided it so that there would be no discord among the children after his death, that is a bad opinion. Allah, Glorified and Exalted is He, has made inheritance to be divided after the death of the deceased. What is fitting for a person is to keep his wealth in his ownership. If Allah, Mighty and Majestic, takes his soul, then the matter is known; there is no possibility of confusion in it, because Allah the Exalted has explained inheritance with a sufficient and complete explanation, as Allah the Exalted said in the last verse of the verses of inheritance:[An-Nisa 4:176].
The questioner : Yes.
The Shaykh : Yes.
The questioner : This is a message from the questioner, Nu'aymah 'Abd Allah, from Riyadh.
The Shaykh : Dividing his wealth among his children is not a blame on him, provided the division is in accordance with justice, such that the male receives the share of two females. However, it is not recommended that he do so, because if he divides his wealth among them, he removes it from his ownership, and he may need it during his lifetime. Also, new children may be born to him, as in this question. Therefore, it is recommended that a person not divide his wealth among his heirs during his lifetime, even if he expects no children in the future, for the reason we mentioned: he may need his wealth, and he would have removed it from his ownership.
As for his statement that he divided it so that there would be no discord among the children after his death, that is a bad opinion. Allah, Glorified and Exalted is He, has made inheritance to be divided after the death of the deceased. What is fitting for a person is to keep his wealth in his ownership. If Allah, Mighty and Majestic, takes his soul, then the matter is known; there is no possibility of confusion in it, because Allah the Exalted has explained inheritance with a sufficient and complete explanation, as Allah the Exalted said in the last verse of the verses of inheritance:
Allah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يبيّن الله لكم أن تضلوا والله بكل شيء عليمThe questioner : Yes.
The Shaykh : Yes.
The questioner : This is a message from the questioner, Nu'aymah 'Abd Allah, from Riyadh.