Justice Among Children
Machine translationRead the Arabic original
Question: I am a man whom Allah has afflicted with an illness in my right leg, to the point that the doctors decided to amputate it, which has left me unable to work. I support a large family and have three brothers, but my father sold his farms to my three brothers. Because I was unable to buy any of them, I received nothing. Is my father’s action correct, or do I have the right to claim my share without buying or selling?
Answer: If your father sold these farms to your brothers in a valid sale, without any deception or coercion, and sold them to them just as he would sell them to others for the full price, and did not leave any part of the price for them, but rather collected it in full, then there is no blame on him for that, and you have no right to object, because this does not involve favoritism, nor does it involve giving them something from the money to the exclusion of you.
However, if that is not the case, meaning if the sale was a ruse, and he was lenient with them in it and favored them with it, then this is not permissible, because it is injustice, because it is obligatory for the father to be just among his children in gifts and donations, and it is not permissible for him to favor some of them over others.As he (peace and blessings be upon him) said:Sahih al-Bukhari 2587 Therefore, it is obligatory for the father to be just among his children in what he gives them, and it is not permissible for him to prefer some of them over others.
In conclusion: If the sale met all its conditions, and he did not favor them with the price, and did not waive any part of it for them, then it is a valid sale, and you have no right to object. If that is not the case, then it is not permissible for him, and he must be just among his children. And Allah the Exalted knows best.
Question: If the sale was a valid sale with no favoritism, what is the ruling on the value of this sale if their father died?
Answer: The value, if their father died, is an estate, which is distributed, and he takes his share from it according to the law of inheritance, from the total inheritance.
Question: Do those who bought it take from it?
Answer: Yes, because it has become an estate.
Question: Would they benefit twice in this situation?
Answer: They did not benefit twice, because first, they bought these lands
and paid their price, and the price became the property of their father. Then, when he died, they inherited it; they took it through inheritance, not through a gift, or through a waiver. This is their right from the inheritance.
Answer: If your father sold these farms to your brothers in a valid sale, without any deception or coercion, and sold them to them just as he would sell them to others for the full price, and did not leave any part of the price for them, but rather collected it in full, then there is no blame on him for that, and you have no right to object, because this does not involve favoritism, nor does it involve giving them something from the money to the exclusion of you.
However, if that is not the case, meaning if the sale was a ruse, and he was lenient with them in it and favored them with it, then this is not permissible, because it is injustice, because it is obligatory for the father to be just among his children in gifts and donations, and it is not permissible for him to favor some of them over others.As he (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمIn conclusion: If the sale met all its conditions, and he did not favor them with the price, and did not waive any part of it for them, then it is a valid sale, and you have no right to object. If that is not the case, then it is not permissible for him, and he must be just among his children. And Allah the Exalted knows best.
Question: If the sale was a valid sale with no favoritism, what is the ruling on the value of this sale if their father died?
Answer: The value, if their father died, is an estate, which is distributed, and he takes his share from it according to the law of inheritance, from the total inheritance.
Question: Do those who bought it take from it?
Answer: Yes, because it has become an estate.
Question: Would they benefit twice in this situation?
Answer: They did not benefit twice, because first, they bought these lands
and paid their price, and the price became the property of their father. Then, when he died, they inherited it; they took it through inheritance, not through a gift, or through a waiver. This is their right from the inheritance.