If he marries off some of his sons, is it permissible for him to bequeath from his wealth to marry off the rest?
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Fatwa number ( 2911 )
Q: I hope you will grant me a ruling on the following matters: First: A man has sons, and he has married off his eldest and the one next to him, while some of them are of marriageable age and others are younger. Is it permissible to include in his will a portion of his wealth for those who have not yet married, whether they are adults or minors, limited to the costs of marriage? Second: If the father buys cars for all his adult sons, whether they are under his guardianship or independent in their lives, is it permissible for him to
He bequeaths a portion of his wealth after his death to any of the other children who did not receive a car, whether they are adults or minors, up to the value of a car for each one? Third: If the father has children who live far from him and are financially independent, and other children who live under his roof, serve him, and are under his control, is it permissible for their father to reward them with some money during his lifetime or after his death in exchange for their sacrifice and their staying with him? The same applies if he has more than one wife in the same situation described? Fourth: There is no doubt that everything a deceased person leaves behind, whether movable or immovable, belongs to the heirs. It may hurt some people's feelings to appraise the assets of the residence where his minor children and their mother are living, and then sell them or leave them in the house for the minors and their mother, and deduct their value from the inheritance due to them. I feel that I am among those who care about this more, and that what I prefer is for the assets, such as furniture, cars, food, and other items, to remain for the benefit of the minors and their mother who is raising them; because the adults have already had their paths in life paved.
starts with: "financial lives" (المالية) It seems the split happened right after "financial". Let's look at the Arabic in [5]: "...financial lives" (المالية) Arabic in [6]: "financial lives, and each has reached..." (المالية، وبلغ كل نصيبه...) So [6] is the continuation of the sentence started in [5]. Translation for [6]: financial lives, and each has reached his share in terms of jobs, education, and other things. But these minors are at the beginning of the ladder, and they need affection, mercy, compassion, upbringing, and training, among other things. It should not be that they suffer the loss of their father and are housed in a residence smaller than their first one, which would have a profound effect on their minds. Or, those assets are appraised at a price that may financially affect their inherited rights from their father. Therefore, what I hope for from your eminence is to consider the subject from all its dimensions and its consequences, and to rule on what you see as clearing the conscience and ensuring both benefits.
A: First: The principle in this matter is the obligation of justice among the children; because the evidence has come regarding this, including: A - From al-Nu'man ibn Bashir who said: The Prophet (peace and blessings be upon him) said:Sunan an-Nasa'i 3687Sahih (Darussalam) Narrated by Ahmad and Abu Dawud and al-Nasa'i . B - From Jabir who said: Mishkat al-Masabih 3031 Narrated by Ahmad and Muslim and Abu Dawud, and it was narrated by Abu Dawud from the hadith of al-Nu'man ibn Bashir, and he said in it: . So the Messenger of Allah (peace and blessings be upon him) commanded justice among them, and the command implies obligation, and his statement: "This will not be right," and his statement: Sunan Abi Dawud 3545Sahih (Al-Albani) , and his statement: Sahih Muslim 1623h , as well as the narrations that came with this meaning, confirm its indication of obligation. Second: If he gives to some of them and leaves the rest, he must take back what he gave, and what indicates this is what was narrated by al-Nu'man ibn Bashir, Bulugh al-Maram 7:183 agreed upon by al-Bukhari and Muslim, and the wording of Muslim said: Sahih Muslim 1623e , and al-Bukhari has the same, but he mentioned it with the wording of gift rather than the wording of charity. Third: It is permissible for the father to give to one of his children who serves him and attends to his affairs in exchange for this service, and there is no preference for him over his other brothers in this, provided that what he pays him is the equivalent wage, whether that is daily, monthly, or yearly. Fourth: If a person dies, his heirs inherit from him, each according to his legal share, and it is not permissible for a Muslim to bequeath to any of his heirs anything in excess of his legal right, neither from the inheritance nor otherwise; because of the saying of the Prophet (peace and blessings be upon him): Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) .
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: I hope you will grant me a ruling on the following matters: First: A man has sons, and he has married off his eldest and the one next to him, while some of them are of marriageable age and others are younger. Is it permissible to include in his will a portion of his wealth for those who have not yet married, whether they are adults or minors, limited to the costs of marriage? Second: If the father buys cars for all his adult sons, whether they are under his guardianship or independent in their lives, is it permissible for him to
He bequeaths a portion of his wealth after his death to any of the other children who did not receive a car, whether they are adults or minors, up to the value of a car for each one? Third: If the father has children who live far from him and are financially independent, and other children who live under his roof, serve him, and are under his control, is it permissible for their father to reward them with some money during his lifetime or after his death in exchange for their sacrifice and their staying with him? The same applies if he has more than one wife in the same situation described? Fourth: There is no doubt that everything a deceased person leaves behind, whether movable or immovable, belongs to the heirs. It may hurt some people's feelings to appraise the assets of the residence where his minor children and their mother are living, and then sell them or leave them in the house for the minors and their mother, and deduct their value from the inheritance due to them. I feel that I am among those who care about this more, and that what I prefer is for the assets, such as furniture, cars, food, and other items, to remain for the benefit of the minors and their mother who is raising them; because the adults have already had their paths in life paved.
starts with: "financial lives" (المالية) It seems the split happened right after "financial". Let's look at the Arabic in [5]: "...financial lives" (المالية) Arabic in [6]: "financial lives, and each has reached..." (المالية، وبلغ كل نصيبه...) So [6] is the continuation of the sentence started in [5]. Translation for [6]: financial lives, and each has reached his share in terms of jobs, education, and other things. But these minors are at the beginning of the ladder, and they need affection, mercy, compassion, upbringing, and training, among other things. It should not be that they suffer the loss of their father and are housed in a residence smaller than their first one, which would have a profound effect on their minds. Or, those assets are appraised at a price that may financially affect their inherited rights from their father. Therefore, what I hope for from your eminence is to consider the subject from all its dimensions and its consequences, and to rule on what you see as clearing the conscience and ensuring both benefits.
A: First: The principle in this matter is the obligation of justice among the children; because the evidence has come regarding this, including: A - From al-Nu'man ibn Bashir who said: The Prophet (peace and blessings be upon him) said:
Treat your children fairly, treat your children fairly
اعدلوا بين أبنائكم، اعدلوا بين أبنائكم، اعدلوا بين أبنائكمBashir’s wife asked her husband* to give her son his slave and call God's Messenger as witness for her. He went to him and said, "The daughter of so and so has asked me to give her son my slave and said that I must call God’s Messenger as witness for her.” He asked whether the boy had brothers, and when he replied that he had, he asked whether he had given them all the same as he had given him. On being told that he had not, he said, "This is not good, and I will be a witness only for what is right.”
قالت امرأة بشير: انحل ابني غلامًا وأشهد عليه رسول الله صلى الله عليه وسلم، فأتى رسول الله صلى الله عليه وسلم فقال: إن ابنة فلان سألتني أن أنحل ابنها غلامي، فقال: أله إخوة؟ قال: نعم، قال: فكلهم أعطيت مثل ما أعطيته؟ قال: لا، قال: فليس يصلح هذا، وإني لا أشهد إلا على حقDo not witness me for injustice, for your sons have a right over you that you be just among them.
لا تشهدني على جور، إن لبنيك عليك من الحق أن تعدل بينهمand I will be a witness to what it right
وإني لا أشهد إلا على حقCall me not as witness to an injustice
لا تشهدني على جورHis father brought him to Allah's Messenger (ﷺ) and said, "I have given this son of mine a slave, who was belonging to me." Allah's Messenger (ﷺ) asked, "Have you given all your children the like of him?" He replied, "No." Allah's Messenger (ﷺ) then said, "Take him back then."
أن أباه أتى رسول الله صلى الله عليه وسلم، فقال: إني نحلت ابني هذا غلامًا كان لي، فقال رسول الله صلى الله عليه وسلم: أكل ولدك نحلته مثل هذا؟ فقال: لا، فقال: فأرجعهMy father donated to me some of his property. My mother Amra bint Rawaha said: I shall not be pleased (with this act) until you make Allah's Messenger (ﷺ) a witness to it. My father went to Allah's Apostle (ﷺ) in order to make him the witness of the donation given to me. Allah's Messenger (ﷺ) said to him: Have you done the same with every son of yours? He said: No. Thereupon he (the Holy Prophet) said: Fear Allah, and observe equity in case of your children. My father returned and got back the gift.
تصدق علي أبي ببعض ماله، فقالت أمي - عمرة بنت رواحة -: لا أرضى حتى تشهد رسول الله صلى الله عليه وسلم، فانطلق أبي إليه يشهده على صدقتي، فقال رسول الله صلى الله عليه وسلم: أفعلت هذا بولدك كلهم؟ قال: لا، فقال: اتقوا الله واعدلوا في أولادكم، فرجع أبي فرد تلك الصدقةAllah 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 لوارثAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.