The honorable Shaykh, we are four brothers living with our father in one residence due to rural customs in the Egyptian village, and everything we earn in a day from working the land, we give to our father who provides for the entire family, including our children and wives. We have two married sisters. Through our lawful earnings, praise be to Allah, our father saved a sum of money with which we bought a piece of land. Our father insisted on writing it in the names of us males only, saying it is from your labor, and he did not mention anything for our female sisters. Is what our father did, O honorable Shaykh, lawful? We ask for your guidance. May Allah reward you.
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The questioner : The honorable Shaykh, we are four brothers living with our father in one residence due to rural customs in the Egyptian village, and everything we earn in a day from working the land, we give to our father who provides for the entire family, including our children and wives. We have two married sisters. Through our lawful earnings, praise be to Allah, our father saved a sum of money with which we bought a piece of land. Our father insisted on writing it in the names of us males only, saying it is from your labor, and he did not mention anything for our female sisters. Is what our father did, O honorable Shaykh, lawful? We ask for your guidance. May Allah reward you.
The Shaykh : It is obligatory for a person to be just among his children, as the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 It is not permissible for him to favor one of them with a gift except in what is necessitated by the need of that recipient, such as if one of them needs treatment or marriage, then he gives to him. The case mentioned byThe questioner : If their father, while they were giving him their earnings, intended it to be a loan in his debt, and then he bought this land for them with it and gave it to them, then there is no blame on him in that, because this is their money.
As for if he took the money from them as his own property, and then gave them this land without their other brothers or sisters, then this is a preference that is not permissible. It is established in the two Sahihs from the hadith of al-Nu'man ibn Bashir that his father Bashir gave him a gift, and his mother 'Amrah bint Rawhah said to him, "I am not satisfied until you have the Messenger of Allah (peace and blessings be upon him) witness it." When he went to have him witness it, the Prophet (peace and blessings be upon him) asked him: He said: No. Then the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 2587 And he said: .
On this occasion, I would like to mention an issue about which there is much questioning. It is that some people have male children, and when the older ones reach the age of marriage, he marries them off. Then he bequeaths in his wealth after his death some money to marry off the younger ones after his death, because he married off the older ones during his lifetime. This is not permissible, because there is no bequest for an heir. The heirs are those among whom Allah has divided the estate of their deceased according to His knowledge and wisdom, so it is not permissible to transgress the limits of Allah (Glorified and Exalted is He) in that. And these younger ones whose father died before they reached the age of marriage, he is not obligated to marry them off before their time. And if he is not obligated to marry them off before their time, then when they reach the age of marriage after his death, they are married off from their share of their father's estate. Yes.
The questioner : May Allah reward you. A message arrived from the listener whose name was coded as A A Iraq, and she says in her message.
The Shaykh : It is obligatory for a person to be just among his children, as the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمAs for if he took the money from them as his own property, and then gave them this land without their other brothers or sisters, then this is a preference that is not permissible. It is established in the two Sahihs from the hadith of al-Nu'man ibn Bashir that his father Bashir gave him a gift, and his mother 'Amrah bint Rawhah said to him, "I am not satisfied until you have the Messenger of Allah (peace and blessings be upon him) witness it." When he went to have him witness it, the Prophet (peace and blessings be upon him) asked him:
Did he give his sons the same?
هل أعطى بنيه مثل ذلك؟Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمI will not witness this, for I do not witness injustice.
أشهد على هذا غيري، فإني لا أشهد على جوْرOn this occasion, I would like to mention an issue about which there is much questioning. It is that some people have male children, and when the older ones reach the age of marriage, he marries them off. Then he bequeaths in his wealth after his death some money to marry off the younger ones after his death, because he married off the older ones during his lifetime. This is not permissible, because there is no bequest for an heir. The heirs are those among whom Allah has divided the estate of their deceased according to His knowledge and wisdom, so it is not permissible to transgress the limits of Allah (Glorified and Exalted is He) in that. And these younger ones whose father died before they reached the age of marriage, he is not obligated to marry them off before their time. And if he is not obligated to marry them off before their time, then when they reach the age of marriage after his death, they are married off from their share of their father's estate. Yes.
The questioner : May Allah reward you. A message arrived from the listener whose name was coded as A A Iraq, and she says in her message.