I bought a piece of land from my father for a symbolic price. Is that permissible, especially since I have ten brothers from my father?
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The questioner : With Allah's blessing, we begin this episode with a message received from listener M.H.M. from Al-Khobar, the Kingdom of Saudi Arabia. He says in this question: "Your Eminence, I bought a piece of land from my father for a symbolic price. Is that permissible, especially since I have ten brothers from my father? I ask for your guidance. May Allah reward you."
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. It is established from the Prophet (peace and blessings be upon him), in the hadith of al-Nu'man ibn Bashir (may Allah be pleased with him), that he said:Sahih al-Bukhari 2587 When Bashir ibn Sa'd wanted to have the Prophet (peace and blessings be upon him) witness a gift he had given to his son al-Nu'man, the Prophet (peace and blessings be upon him) said to him: This indicates that it is not permissible for anyone to prefer some of his children over others in giving, and that this is from the injustice which the Prophet (peace and blessings be upon him) refused to witness, and he said in affirming his disavowal of it: Sunan Abi Dawud 3542.
Accordingly, if your father has given you land or sold you land for a symbolic price, then this sale is not valid, and it is not permissible for him to sell you land except as he would sell it to others, at the usual market price in that place and at that time. The way to validate this transaction is to appraise the land at its value when he sold it to you at that time, and to charge you that value, unless your father gave your brothers the same as he gave you, in which case there is no harm, because when Bashir ibn Sa'd came to the Prophet (peace and blessings be upon him) to have him witness his gift to his son al-Nu'man, he said: He said, "Yes." Then he asked him, "Did you give all of them the same as you gave al-Nu'man?" He said, "No." So Bashir ibn Sa'd (may Allah be pleased with him) returned this gift.
So, to validate this matter, either the land is returned to the father, or it is appraised at its value at that time, or he gives your brothers the same as he gave you. The gift to children is to be as Allah the Mighty and Majestic divided it in His Book:[An-Nisa 4:11].
Here is a matter that must be noted: justice in spending is to give each of them what he needs. If a daughter needs jewelry to wear, like other girls of her age, and her father buys her jewelry to wear, he is not required to give the sons the equivalent of its value, because he gave it to her to meet her need. Likewise, if one of the children needs medical treatment, he is not required to give the others the same as he spent on the treatment of this child who needed it. Likewise, if one of them needs marriage and he marries him, he is not required to give the others the same as the mahr (bridal gift) and expenses he spent to marry the child. However, justice in this is that when the second one reaches the age of marriage, he marries him. Some people, when they had older children, would marry them, and have younger children who had not reached the age of marriage, would bequeath to them the equivalent of the mahr after his death. This is an error and is not permissible, because a bequest to an heir is forbidden. When Allah the Mighty and Majestic divided the inheritance, He said:[An-Nisa 4:11] So He the Mighty and Majestic informed that this division, which He Himself took charge of, is an obligation issued from knowledge and wisdom and a praiseworthy goal. And He the Exalted said in the second verse, when He mentioned the inheritance: [An-Nisa 4:13-14] And the Prophet (peace and blessings be upon him) said: Sunan Abi Dawud 2870Hasan Sahih (Al-Albani) So these younger children, whose father married their older brothers who reached the age of marriage, it is not permissible for their father to bequeath to them the equivalent of the mahr. But if they reach the age of marriage during his lifetime, let him marry them.
In summary, it is obligatory for a person to be just, or to be fair, between his children in giving, and it is also obligatory for him to be fair between them in spending. Justice in spending is to give each of them what he needs of spending, whether that is little or much.
The last point we pointed out is that some people, when they marry their older children during their lifetime, bequeath the equivalent of what they spent to marry them to the younger ones after their death. This is not permissible and is not allowed, because it is a bequest to an heir, and a bequest to an heir is forbidden, invalid, and not permissible to execute. The listener has learned what we cited as evidence from the Qur'an and the Sunnah in this matter. Yes.
The questioner : May Allah bless you.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. It is established from the Prophet (peace and blessings be upon him), in the hadith of al-Nu'man ibn Bashir (may Allah be pleased with him), that he said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمI will not bear witness to injustice.
أشهد على هذا غيري فإني لا أشهد على جوْرcall some other person than me as witness to it
أشهد على هذا غيريAccordingly, if your father has given you land or sold you land for a symbolic price, then this sale is not valid, and it is not permissible for him to sell you land except as he would sell it to others, at the usual market price in that place and at that time. The way to validate this transaction is to appraise the land at its value when he sold it to you at that time, and to charge you that value, unless your father gave your brothers the same as he gave you, in which case there is no harm, because when Bashir ibn Sa'd came to the Prophet (peace and blessings be upon him) to have him witness his gift to his son al-Nu'man, he said:
Do you have sons?
ألك بنونSo, to validate this matter, either the land is returned to the father, or it is appraised at its value at that time, or he gives your brothers the same as he gave you. The gift to children is to be as Allah the Mighty and Majestic divided it in His Book:
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينHere is a matter that must be noted: justice in spending is to give each of them what he needs. If a daughter needs jewelry to wear, like other girls of her age, and her father buys her jewelry to wear, he is not required to give the sons the equivalent of its value, because he gave it to her to meet her need. Likewise, if one of the children needs medical treatment, he is not required to give the others the same as he spent on the treatment of this child who needed it. Likewise, if one of them needs marriage and he marries him, he is not required to give the others the same as the mahr (bridal gift) and expenses he spent to marry the child. However, justice in this is that when the second one reaches the age of marriage, he marries him. Some people, when they had older children, would marry them, and have younger children who had not reached the age of marriage, would bequeath to them the equivalent of the mahr after his death. This is an error and is not permissible, because a bequest to an heir is forbidden. When Allah the Mighty and Majestic divided the inheritance, He said:
Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [imposed] by Allah. Indeed, Allah is ever Knowing and Wise.
ءاباؤكم وأبناؤكم لا تدرون أيهم أقرب لكم نفعا فريضة من الله إن الله كان عليما حكيما(13) These are the limits [set by] Allah, and whoever obeys Allah and His Messenger will be admitted by Him to gardens [in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment. (14) And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide eternally therein, and he will have a humiliating punishment.
تلك حدود الله ومن يطع الله ورسوله يدخله جنات تجري من تحتها الأنهار خالدين فيها وذلك الفوز العظيم * ومن يعص الله ورسوله ويتعد حدوده يدخله نارا خالدا فيها وله عذاب مهينAllah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.
إن الله أعطى كل ذي حق حقه فلا وصية لوارثIn summary, it is obligatory for a person to be just, or to be fair, between his children in giving, and it is also obligatory for him to be fair between them in spending. Justice in spending is to give each of them what he needs of spending, whether that is little or much.
The last point we pointed out is that some people, when they marry their older children during their lifetime, bequeath the equivalent of what they spent to marry them to the younger ones after their death. This is not permissible and is not allowed, because it is a bequest to an heir, and a bequest to an heir is forbidden, invalid, and not permissible to execute. The listener has learned what we cited as evidence from the Qur'an and the Sunnah in this matter. Yes.
The questioner : May Allah bless you.