The Obligation of Justice Between Sons and Daughters
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Fatwa No. ( 2225 )
Q: A man has wealth and children, both male and female, from four wives. His father wants to divide the wealth among his male children only, excluding the females, and his father is still capable of having more children. He asks: What is the status of the children who will be born after the division? Does the father have the right to exclude any of his children from his inheritance, or to favor one over another? Is it permissible for him to give charity, make a gift, or sell to one of his children at a price below market value, with the consent of the older children and in his capacity as guardian of the younger children? He adds that his father has four wives: three are with him, and the fourth, who is the questioner’s mother, lives with her children, and they provide for her. She is not pleased with her father, does not like to be near him, and tried to forgive him but he did not accept. He asks: Is it permissible for my father to meet the needs of his wives regarding the necessities of life without asking for the permission of the questioner’s mother?
A: Regarding the division among the male children only, excluding the females: The
The lenient Islamic Shari'ah has come with the obligation of justice between children, male and female. In the two Sahihs, it is narrated from al-Nu'man ibn Bashir (may Allah be pleased with them both), , and in a narration from him, the Prophet (peace and blessings be upon him) said: Sahih Muslim 1623f Therefore, your father, if he wants to divide his wealth or part of it among his children, must divide it among the males and females according to the lawful shares of inheritance: the male receives the share of two females. He should not pay attention to what he may beget afterwards, unless it is a fetus, in which case he should delay what he intends to divide until the fetus cries out. It is not permissible for him to give any of them more than what is in the Book of Allah: [An-Nisa 4:11] , in the name of charity, gift, or sale at less than the market price, unless the others permit it and are of sound mind. Their permission applies only to their own rights, and he cannot act on behalf of his young children, male or female, in approving this. As for what you asked about regarding the right of your mother over your father,
the answer to that involves detail: If she is defiant towards him without right, she has no right to him, neither in clothing nor anything else, until she returns from her defiance and responds to what he requested in a good manner. But if she refused to obey him because he withheld her rights from her, this is a matter of dispute between them, and it should be looked into by the court, unless they reconcile and agree. If it is facilitated to interpose some people of goodness from relatives or neighbors to reconcile between her and your father, that is appropriate, and reconciliation is better. May Allah improve the condition of everyone. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: A man has wealth and children, both male and female, from four wives. His father wants to divide the wealth among his male children only, excluding the females, and his father is still capable of having more children. He asks: What is the status of the children who will be born after the division? Does the father have the right to exclude any of his children from his inheritance, or to favor one over another? Is it permissible for him to give charity, make a gift, or sell to one of his children at a price below market value, with the consent of the older children and in his capacity as guardian of the younger children? He adds that his father has four wives: three are with him, and the fourth, who is the questioner’s mother, lives with her children, and they provide for her. She is not pleased with her father, does not like to be near him, and tried to forgive him but he did not accept. He asks: Is it permissible for my father to meet the needs of his wives regarding the necessities of life without asking for the permission of the questioner’s mother?
A: Regarding the division among the male children only, excluding the females: The
The lenient Islamic Shari'ah has come with the obligation of justice between children, male and female. In the two Sahihs, it is narrated from al-Nu'man ibn Bashir (may Allah be pleased with them both),
That his father had gifted him a slave boy, then he came to the Prophet (peace and blessings be upon him) to witness that, so the Prophet (peace and blessings be upon him) said to him: Have you given all your children the like of this? He said: No. So the Prophet (peace and blessings be upon him) said: Fear Allah and be just between your children
أن أباه وهبه غلامًا، ثم أتى النبي صلى الله عليه وسلم ليشهده على ذلك، فقال له النبي صلى الله عليه وسلم: أكل ولدك أعطيته مثل هذا؟ قال: لا، فقال النبي صلى الله عليه وسلم: اتقوا الله واعدلوا بين أولادكمI cannot be witness to an injustice
إني لا أشهد على جورfor the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنْثَيَيْنِthe answer to that involves detail: If she is defiant towards him without right, she has no right to him, neither in clothing nor anything else, until she returns from her defiance and responds to what he requested in a good manner. But if she refused to obey him because he withheld her rights from her, this is a matter of dispute between them, and it should be looked into by the court, unless they reconcile and agree. If it is facilitated to interpose some people of goodness from relatives or neighbors to reconcile between her and your father, that is appropriate, and reconciliation is better. May Allah improve the condition of everyone. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.