The Condition of Justice in Gifts and Bequests to Children
Machine translationRead the Arabic original
Question:
Her other question: Sister Fatima asks, is justice required in a gift as it is in a bequest?
Answer:
With regard to the children. Yes, indeed. It is necessary to be just among them in a gift or donation, and a bequest is not permissible for an heir. The Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) This is regarding the children, and regarding others as well. However, if he makes a bequest to a needy or suffering one of his children, there is nothing wrong with that; because he attached it to a description and did not attach it to the person. So it is permissible to make a bequest to a suffering or needy one of his children? Yes.
Her other question: Sister Fatima asks, is justice required in a gift as it is in a bequest?
Answer:
With regard to the children. Yes, indeed. It is necessary to be just among them in a gift or donation, and a bequest is not permissible for an heir. The Prophet (peace and blessings be upon him) said:
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث،
Source
نور على الدرب - الفوزان - 03/270 — archive.org (6:42)
The Arabic text is a machine transcription of the audio recording.