Equalizing Maintenance and Gifts Between Sons and Daughters
Machine translationRead the Arabic original
Question:
We ask: Is the amount of the bequest calculated after the debts are paid, or before, from the estate? He says: Honorable Shaykh, may Allah grant you success, am I allowed to give to my sons and daughters?
Answer:
If they are at the same educational level, with a daily allowance given equally, and the maintenance for the older one is greater than for the younger, then in the matter of maintenance, the rule is that you give each one what he needs, even if the amounts differ. As for what is in the nature of giving ownership, that is where justice is obligatory. Yes.
We ask: Is the amount of the bequest calculated after the debts are paid, or before, from the estate? He says: Honorable Shaykh, may Allah grant you success, am I allowed to give to my sons and daughters?
Answer:
If they are at the same educational level, with a daily allowance given equally, and the maintenance for the older one is greater than for the younger, then in the matter of maintenance, the rule is that you give each one what he needs, even if the amounts differ. As for what is in the nature of giving ownership, that is where justice is obligatory. Yes.
Source
شرح زاد المستقنع [62] — alfawzan.live (58:12)
The Arabic text is a machine transcription of the audio recording.