Justice Among Children in Gifts and the Cost of Repairs
Machine translationRead the Arabic original
The questioner:
This is a questioner from Morocco who says: I am the father of four sons and two daughters, and they are all married, praise be to Allah. Three of my sons built their houses on plots of land that are in my ownership, using their own money. The fourth one repaired a house that is in my ownership, likewise, and he has been living in it for eighteen years. The question is: Is it permissible for me to give this last one the house and write the deed in his name, knowing that all his brothers are satisfied with and agree to this?
The Shaykh:
It is obligatory to be equal among the children in gifts. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 So it is obligatory to be equal among them. So if you have not given something to one of them, give him the same as you gave to the one before him. Give him the same as you gave to the one before him. This is justice. It is not permissible to single out some of them without the others. Yes.
The questioner:
May Allah reward you. A continuation of the question, may Allah reward you. He says: What is the solution regarding what the fourth son spent on repairing the house, in case that is not permissible by the Shari'ah?
The Shaykh:
He should count it against him and demand it from him. He should take it back from him, unless he is giving the others the same amount. If he is not giving the others the same amount, he should take it back from him. He should consider it a debt upon him. He should take it back from him. Yes.
The presenter:
May Allah reward you.
This is a questioner from Morocco who says: I am the father of four sons and two daughters, and they are all married, praise be to Allah. Three of my sons built their houses on plots of land that are in my ownership, using their own money. The fourth one repaired a house that is in my ownership, likewise, and he has been living in it for eighteen years. The question is: Is it permissible for me to give this last one the house and write the deed in his name, knowing that all his brothers are satisfied with and agree to this?
The Shaykh:
It is obligatory to be equal among the children in gifts. The Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمThe questioner:
May Allah reward you. A continuation of the question, may Allah reward you. He says: What is the solution regarding what the fourth son spent on repairing the house, in case that is not permissible by the Shari'ah?
The Shaykh:
He should count it against him and demand it from him. He should take it back from him, unless he is giving the others the same amount. If he is not giving the others the same amount, he should take it back from him. He should consider it a debt upon him. He should take it back from him. Yes.
The presenter:
May Allah reward you.
Source
أخطاء في الصيام — islamhouse.com (1:10:03)
The Arabic text is a machine transcription of the audio recording.