Is it obligatory to be just among children in gifts and presents? And is it permissible for a father to divide his estate among them during his lifetime?
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The questioner : ... . And they are still alive, so what is the ruling of the Shari'ah in that?
The Shaykh : If the intention behind the distribution is giving gifts and presents, then it has its own ruling. If the intention is dividing the inheritance before its time has arrived, then it has a different ruling. Furthermore, the division for each ruling differs from the division for the other. If the father wants to divide his wealth by giving what he has to his children, then the saying of the Prophet (peace and blessings be upon him) applies:. In this case, he must be equal between the male and female children. However, if the intention is dividing the inheritance, that is premature in the first place. Moreover, it may cause dispute and disagreement among the children due to the hastening of the execution of a ruling whose time has not yet come, because inheritance is only realized by the death of the deceased.
The Shaykh : If the intention behind the distribution is giving gifts and presents, then it has its own ruling. If the intention is dividing the inheritance before its time has arrived, then it has a different ruling. Furthermore, the division for each ruling differs from the division for the other. If the father wants to divide his wealth by giving what he has to his children, then the saying of the Prophet (peace and blessings be upon him) applies:
Be just among your children
اعدلوا بين أولادكم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
