Giving a grandson a gift to the exclusion of the sons
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Fatwa number ( 4282 )
Q: My father is approximately seventy-five years old and is still alive. He has an old house made of mud located in a suitable place. I demolished the house and rebuilt it anew with reinforced concrete at my own expense. I have rented out the house and I am still paying off some of the people who are asking me for a debt, knowing that I did not borrow from the Real Estate Development Bank. My father wishes to relinquish this house to one of my sons, who is at least seven years old. My father has me and five daughters; one daughter is older than me and the rest are younger. I have been supporting my father and mother for a period of no less than fifteen years. My father was struck by an illness, and I took him outside the Kingdom for treatment. He is the only man in the family. So my question about him is: Is it permissible for my father
to give this house to my son, to single him out to the exclusion of the others, and for it to become one of his rights? Knowing that my five sisters are married, and that my father married off two of them, and that my father and mother are staying in my home, the rest of my family do not object to handing over the house to the son. He has the right to dispose of his wealth. I promised my father that if the house is transferred to my son, I will build a house at my own expense on one of my properties and leave it for the daughters to clear my father’s conscience and that of others. I hope to receive a review and information on this, and whether there is any sin on my father for this, or on the others?
A: Upon considering what you mentioned, namely that your son, for whom the house will be transferred by your father, was not in need of it at the present time, and that you promised your father that if the house is transferred to your son, you would build a house for your brothers in place of it from your own property, and that you have five married sisters, and that you previously built your father’s house, which he intends to give to your son, at your own expense, this indicates that the intention is to give the house to you and to single you out to the exclusion of your sisters, and that your son was named in the gift as a stratagem to commit injustice. Therefore, it is not permissible for your father to transfer the house to your son; due to the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2587 As for what you mentioned regarding your spending on your father’s house, if
you were being generous with it in the depths of your heart at the time of spending, then Allah will reward you, and you have no right to claim it back from your father. But if you spent it with the intention of claiming it back, then you have that right. However, it is better for you not to hold your father to account, and not to consider what you spent on him as excessive, for your reward with Allah, the Exalted, is greater than what you expect if you are sincere with Him, the Exalted. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: My father is approximately seventy-five years old and is still alive. He has an old house made of mud located in a suitable place. I demolished the house and rebuilt it anew with reinforced concrete at my own expense. I have rented out the house and I am still paying off some of the people who are asking me for a debt, knowing that I did not borrow from the Real Estate Development Bank. My father wishes to relinquish this house to one of my sons, who is at least seven years old. My father has me and five daughters; one daughter is older than me and the rest are younger. I have been supporting my father and mother for a period of no less than fifteen years. My father was struck by an illness, and I took him outside the Kingdom for treatment. He is the only man in the family. So my question about him is: Is it permissible for my father
to give this house to my son, to single him out to the exclusion of the others, and for it to become one of his rights? Knowing that my five sisters are married, and that my father married off two of them, and that my father and mother are staying in my home, the rest of my family do not object to handing over the house to the son. He has the right to dispose of his wealth. I promised my father that if the house is transferred to my son, I will build a house at my own expense on one of my properties and leave it for the daughters to clear my father’s conscience and that of others. I hope to receive a review and information on this, and whether there is any sin on my father for this, or on the others?
A: Upon considering what you mentioned, namely that your son, for whom the house will be transferred by your father, was not in need of it at the present time, and that you promised your father that if the house is transferred to your son, you would build a house for your brothers in place of it from your own property, and that you have five married sisters, and that you previously built your father’s house, which he intends to give to your son, at your own expense, this indicates that the intention is to give the house to you and to single you out to the exclusion of your sisters, and that your son was named in the gift as a stratagem to commit injustice. Therefore, it is not permissible for your father to transfer the house to your son; due to the saying of the Prophet (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمyou were being generous with it in the depths of your heart at the time of spending, then Allah will reward you, and you have no right to claim it back from your father. But if you spent it with the intention of claiming it back, then you have that right. However, it is better for you not to hold your father to account, and not to consider what you spent on him as excessive, for your reward with Allah, the Exalted, is greater than what you expect if you are sincere with Him, the Exalted. 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.