The obligation of justice between children in gifts
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There is a man who has three buildings, and he has two wives. He has a daughter from one of the wives, and several sons from the other wife. He wrote one of these buildings in the name of his only daughter from one of his wives, and this was a secret between him and this daughter, without her brothers from the other wife knowing! Is this permissible?The Shaykh: Do you mean: that he bequeathed it to her, or that he gave it to her as a gift?The questioner: A gift.
The Shaykh: During his lifetime.
The questioner: Yes.
The Shaykh: What this man did is forbidden for him, meaning that it is not permissible for him to favor one of his sons or daughters with something from his wealth; because al-Bashir ibn Sa'd (may Allah be pleased with him), when he gave his son al-Nu'man a gift,That reached the Prophet (peace and blessings be upon him), so he asked him: (Did you do this for all your children?He said: No.
So he said: Fear Allah and be just among your children), so al-Bashir retracted his gift to al-Nu'man and took it back from him.
So if the man is alive and it is reported to him that this is forbidden, he must undo what he did, tear up the document, and return the matter to the ruling of Allah (Mighty and Majestic). If Allah decrees that he dies, and the daughter is still alive and inherits with her brothers what she is entitled to in the religion of Allah, or perhaps she dies before him.
In any case, you should convey this -if Allah wills- and advise him.
The questioner: And if he insists?The Shaykh: You just convey it to him; it is only upon you to convey the message.
The questioner: My intention is, if he insists that he will not retract this gift, and then he passes away, does it take effect?The Shaykh: It is returned to the inheritance, and the inheritance is made equal.
The Shaykh: During his lifetime.
The questioner: Yes.
The Shaykh: What this man did is forbidden for him, meaning that it is not permissible for him to favor one of his sons or daughters with something from his wealth; because al-Bashir ibn Sa'd (may Allah be pleased with him), when he gave his son al-Nu'man a gift,That reached the Prophet (peace and blessings be upon him), so he asked him: (Did you do this for all your children?He said: No.
So he said: Fear Allah and be just among your children), so al-Bashir retracted his gift to al-Nu'man and took it back from him.
So if the man is alive and it is reported to him that this is forbidden, he must undo what he did, tear up the document, and return the matter to the ruling of Allah (Mighty and Majestic). If Allah decrees that he dies, and the daughter is still alive and inherits with her brothers what she is entitled to in the religion of Allah, or perhaps she dies before him.
In any case, you should convey this -if Allah wills- and advise him.
The questioner: And if he insists?The Shaykh: You just convey it to him; it is only upon you to convey the message.
The questioner: My intention is, if he insists that he will not retract this gift, and then he passes away, does it take effect?The Shaykh: It is returned to the inheritance, and the inheritance is made equal.