Is it obligatory for the father to be just between his sons and daughters in gifts?
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Question : Hello, yes, a moment. Peace be upon you. If you please, may I ask a question? Yes, regarding the father, if he gives the children, O Shaykh, sums of money to the sons during his lifetime, is it obligatory for him to give the daughters the same amount equally?
Answer : To be just between the children in gifts, based on the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 2587 and justice is to give the male the share of two females. So if he gives the female one dirham, he gives the male two dirhams, and if he gives the male four dirhams, he gives the female two dirhams.
Because there is no division more just than the division of Allah (Mighty and Majestic), and Allah the Exalted said: He has appointed for you[An-Nisa 4:11] This is regarding voluntary gifts. As for maintenance, justice among them is to give each one what he needs. So if he has two sons, one is young and the other is studying, and the second needs school supplies, he gives them to him and does not give them to the young son who is not studying.
Justice in maintenance is to give each one what he needs, and justice in voluntary gifts is to give the male the share of two females. This includes if he has sons, one of whom has reached the age of marriage and asked for marriage, his father must marry him off if he is able. He does not give the brothers the same unless they reach the age of marriage and ask for marriage, in which case he marries them off as he married the first, because marriage is part of maintenance. So whoever among them needs marriage, he marries him off, and he does not give the others the same unless they reach the age of marriage and ask for marriage, in which case he marries them off as he married their brother. Here is a matter in which some people err.
It is that there are young and older sons. He marries off the older ones. Then he bequeaths after his death to marry off the young ones from the estate. This bequest is invalid and not permissible. Because he bequeathed to an heir more than his right. And the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani)
It is said to this man: You have now married off the older ones, so when the young ones reach their age, marry them off. If they reach that age during your lifetime, marry them off from your wealth. If you die before they reach that age, they have nothing from you, and it is not permissible for you to bequeath anything to them. May Allah reward you.
Answer : To be just between the children in gifts, based on 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 أولادكمBecause there is no division more just than the division of Allah (Mighty and Majestic), and Allah the Exalted said: He has appointed for you
Allah instructs you concerning your children: for the male, what is equal to the share of two females
اللَّهُ فِي أَوْلَادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الْأُنثَيَيْنِJustice in maintenance is to give each one what he needs, and justice in voluntary gifts is to give the male the share of two females. This includes if he has sons, one of whom has reached the age of marriage and asked for marriage, his father must marry him off if he is able. He does not give the brothers the same unless they reach the age of marriage and ask for marriage, in which case he marries them off as he married the first, because marriage is part of maintenance. So whoever among them needs marriage, he marries him off, and he does not give the others the same unless they reach the age of marriage and ask for marriage, in which case he marries them off as he married their brother. Here is a matter in which some people err.
It is that there are young and older sons. He marries off the older ones. Then he bequeaths after his death to marry off the young ones from the estate. This bequest is invalid and not permissible. Because he bequeathed to an heir more than his right. And the Prophet (peace and blessings be upon him) said:
(ﷺ) say: Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
صلى الله عليه وسلم إن الله قد أعطى كل ذي حق حقه فلا وصية لوارث.It is said to this man: You have now married off the older ones, so when the young ones reach their age, marry them off. If they reach that age during your lifetime, marry them off from your wealth. If you die before they reach that age, they have nothing from you, and it is not permissible for you to bequeath anything to them. May Allah reward you.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1912- هل يجب على الأب ان يعدل بين الأولاد والبنات في العطية؟/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
