Is it permissible for a woman to give one-third of her wealth to one of her children to the exclusion of the others?
Machine translationRead the Arabic original
The questioner : Is it permissible for her to give one of her children one-third, meaning, is it permissible to give the one-third to one of the children to the exclusion of the others? This is also common.
The Shaykh : The answer is the answer: the one-third is her right, and she may dispose of it as she wishes, but within the limits of what has been previously explained, which is that it is not permissible for her to prefer one of her children over the others. On this occasion, and remembrance benefits the believers, I mention that many fathers or mothers hasten to divide their wealth according to the legal inheritance before their death. This is also not permissible in the Shari'ah. Because if this division were to be in accordance with the Shari'ah, the Shari'ah states in the chapter of inheritance and shares that the male receives the share of two females. So if, for example, each male child is to receive one thousand, the daughter should be given five hundred, which is half of the thousand. This is the division of inheritance. If she gives according to this legal division, it is from her affairs that she has hastened a matter before its time, because the cause of inheritance is death. As long as death has not occurred, it is not permissible to divide the inheritance, and the cause has not yet been realized. Especially since, in many cases, in this division that is carried out, it may happen that one of those who are to receive a share dies, and then, for example, someone who would not have inherited if the division of the wealth had been left until after the death of the one who divided the inheritance before his death, ends up inheriting from him. In conclusion, the chapter of gifts and the chapter of giving are broad from parents to children, on the condition of justice and avoiding injustice. As for dividing the inheritance before death, this is not permissible.
The Shaykh : The answer is the answer: the one-third is her right, and she may dispose of it as she wishes, but within the limits of what has been previously explained, which is that it is not permissible for her to prefer one of her children over the others. On this occasion, and remembrance benefits the believers, I mention that many fathers or mothers hasten to divide their wealth according to the legal inheritance before their death. This is also not permissible in the Shari'ah. Because if this division were to be in accordance with the Shari'ah, the Shari'ah states in the chapter of inheritance and shares that the male receives the share of two females. So if, for example, each male child is to receive one thousand, the daughter should be given five hundred, which is half of the thousand. This is the division of inheritance. If she gives according to this legal division, it is from her affairs that she has hastened a matter before its time, because the cause of inheritance is death. As long as death has not occurred, it is not permissible to divide the inheritance, and the cause has not yet been realized. Especially since, in many cases, in this division that is carried out, it may happen that one of those who are to receive a share dies, and then, for example, someone who would not have inherited if the division of the wealth had been left until after the death of the one who divided the inheritance before his death, ends up inheriting from him. In conclusion, the chapter of gifts and the chapter of giving are broad from parents to children, on the condition of justice and avoiding injustice. As for dividing the inheritance before death, this is not permissible.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
