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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Gifting Real Estate to Daughters and Endowing It for Children

Machine translationRead the Arabic original
Question:
This questioner, Umm Khalid, says that she gifted all the real estate she owns to her daughters. She asks: Is it permissible if she manages the rental without the daughters' knowledge? And if she wrote that all her real estate is for her daughters, is it an endowment? Do the residuary heirs share in it with them?

Answer:
If she has children other than the daughters, it is not permissible for her to single out the daughters for a gift. The Messenger of Allah (peace and blessings be upon him) said: "Fear Allah and be just among your children, so that you do not give to some and leave out others." As for an endowment, if a person endows something for his children, that is permissible. This is not a transfer of ownership; rather, it is for the benefit only. The beneficiary enjoys the benefit of the endowed property but does not own it. However, even in this case, it is better not to single out some of his children to endow upon them, unless they are poor. For example, he might say: "This is an endowment for the poor among my children," or for the divorced women who need housing or financial maintenance. He ties this to the poverty and need of his children or his heirs. Yes.
Source نور على الدرب - الفوزان - 02/239 — archive.org (4:47)

The Arabic text is a machine transcription of the audio recording.

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