Is it permissible for a person to divide his wealth among his children before his death in the form of a gift?
Machine translationRead the Arabic original
The questioner : Shaykh, once when you were asked a question about a man who wants to divide the inheritance before he dies, you said that he can divide it through gifts and presents. So, is it possible for everyone to do this?
The Shaykh : No, it is not possible. I am saying it this way.
The questioner : He does not divide it; rather, he gives it as a gift.
The Shaykh : You said to give it like this.
The questioner : Yes, you said he gives it without distinguishing between a male and a female; he gives to both.
The Shaykh : That is, he can gift all his children equally, without preferring a male over a female.
The questioner: Yes.
The Shaykh : And this does not constitute a division of the inheritance.
The questioner : Yes, yes.
The Shaykh : It is a gift, it is a present. Now, what is your objection or difficulty?
The questioner : The question here is that everyone can do this through gifts.
The Shaykh : They can do this, they can do this. What is wrong with it? What is wrong with it?
The questioner : The matter of inheritance has become, so to speak...
The Shaykh : What is wrong with it? Tell me.
The questioner: Yes.
The Shaykh : It is a clever move, Abu Hammam, for any thought that comes to a person’s mind to be raised, and then when he asks, "What is wrong with it?" If he does this and remains silent, it means he is not thinking far ahead; rather, this thought just occurred to him. In Syrian expression, we say, "What is wrong with it?"
The questioner : The hidden thought is that everyone...
The Shaykh : ...will not know about this.
The questioner : This is the point you remembered.
The Shaykh: May Allah guide you.
The questioner : Everyone can do this, yes.
The Shaykh : No, it is not possible. I am saying it this way.
The questioner : He does not divide it; rather, he gives it as a gift.
The Shaykh : You said to give it like this.
The questioner : Yes, you said he gives it without distinguishing between a male and a female; he gives to both.
The Shaykh : That is, he can gift all his children equally, without preferring a male over a female.
The questioner: Yes.
The Shaykh : And this does not constitute a division of the inheritance.
The questioner : Yes, yes.
The Shaykh : It is a gift, it is a present. Now, what is your objection or difficulty?
The questioner : The question here is that everyone can do this through gifts.
The Shaykh : They can do this, they can do this. What is wrong with it? What is wrong with it?
The questioner : The matter of inheritance has become, so to speak...
The Shaykh : What is wrong with it? Tell me.
The questioner: Yes.
The Shaykh : It is a clever move, Abu Hammam, for any thought that comes to a person’s mind to be raised, and then when he asks, "What is wrong with it?" If he does this and remains silent, it means he is not thinking far ahead; rather, this thought just occurred to him. In Syrian expression, we say, "What is wrong with it?"
The questioner : The hidden thought is that everyone...
The Shaykh : ...will not know about this.
The questioner : This is the point you remembered.
The Shaykh: May Allah guide you.
The questioner : Everyone can do this, yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.