The Obligation of Justice Among Children in Gifts and Bestowals
Machine translationRead the Arabic original
My father prepared a house for me in which I got married, and it was his intention to do the same for my male brothers when they reached the age of marriage.And the question is: Is that house considered a gift from my father that transfers to my ownership, such that if he dies, my brothers do not inherit it? Or is it considered part of my father's property, such that if he dies, my male and female brothers inherit it? And if it is a gift, is he obligated to equalize between me and my sisters, even though they do not need it, since they are provided for by their husbands' homes? May Allah reward you with good.
What is obligatory in this case is that the son not be given the house as ownership; rather, he should be given it as a loan; because the son here will fulfill his need for residence, even if it is a loan, so giving it to him as ownership would be an excess. So either he gives the other males the same and the females half of it,Or he says: My son! This is a loan for you until you are able to find a house of your own.
The questioner: Is it not permissible for it to be a gift?The Shaykh: It is not permissible; because the gift is not a dire necessity, is it not? He can benefit from it while it belongs to his father.And likewise: For example, regarding a car, one of the children needs a car for school.And the others do not need them, so we say: Give the son who needs the car to benefit from it, and its ownership remains with you, so that if death occurs from you or from him, it returns to the estate.
What is obligatory in this case is that the son not be given the house as ownership; rather, he should be given it as a loan; because the son here will fulfill his need for residence, even if it is a loan, so giving it to him as ownership would be an excess. So either he gives the other males the same and the females half of it,Or he says: My son! This is a loan for you until you are able to find a house of your own.
The questioner: Is it not permissible for it to be a gift?The Shaykh: It is not permissible; because the gift is not a dire necessity, is it not? He can benefit from it while it belongs to his father.And likewise: For example, regarding a car, one of the children needs a car for school.And the others do not need them, so we say: Give the son who needs the car to benefit from it, and its ownership remains with you, so that if death occurs from you or from him, it returns to the estate.