The Ruling on Giving a Gift to One of the Heirs
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A man wants to give his wife a gift, either money or a piece of land,So he says: Does this affect the inheritance, and thus be unfair to the rest of his family?
If a person is in good health and gives something to one of the heirs, the gift is valid, and this is not considered an unjust gift; this is because the actions of a healthy person are valid, and it is not known that those he assumes to be his heirs might die before him, in which case he would be the heir. However, if this is during a fatal illness, it is not permissible for him to give anything to any of the heirs, whether the wife or anyone else. As for non-heirs, he may give them up to one-third. This is in the case of a fatal illness. But if he is in good health, there is nothing wrong with him giving to some of the heirs and withholding from others, except in the case of children. As for children, it is obligatory to be equal among them according to their inheritance shares, so he gives the male twice what he gives the female.
If a person is in good health and gives something to one of the heirs, the gift is valid, and this is not considered an unjust gift; this is because the actions of a healthy person are valid, and it is not known that those he assumes to be his heirs might die before him, in which case he would be the heir. However, if this is during a fatal illness, it is not permissible for him to give anything to any of the heirs, whether the wife or anyone else. As for non-heirs, he may give them up to one-third. This is in the case of a fatal illness. But if he is in good health, there is nothing wrong with him giving to some of the heirs and withholding from others, except in the case of children. As for children, it is obligatory to be equal among them according to their inheritance shares, so he gives the male twice what he gives the female.
