A man has five children, one of whom is an older son, while the rest are children in school. The eldest son works as an employee and helps
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The questioner : A listener from Sudan, Abd al-Hakim, says in this question: A man has five children, one of whom is an older son, while the rest are children in school. The eldest son works as an employee and helps his father raise his brothers. The father registered the estate in the name of this eldest son because he helps him raise the children. Their father is still alive.
The Shaykh : Yes.
The questioner : Does he have the right to this allocation? We ask for guidance and advice. May you be rewarded.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, the Seal of the Prophets and the Imam of the Pious, and upon his family and all his Companions. Our answer to this question is that it is not permissible for this father to write the estate in the name of his eldest son, because this entails a bequest to an heir. Allah the Mighty and Majestic has specified the share of the heirs after the death of their deceased relative. He said in a verse from the verses of inheritance:[An-Nisa 4:11] And He said in the second verse, after mentioning the shares of inheritance: [An-Nisa 4:13-14] And He said in the third verse, after mentioning the inheritance of full brothers from the father: [An-Nisa 4:176] And the Prophet (peace and blessings be upon him) said: Therefore, it is not lawful for this father to write his estate in the name of his eldest son. Nor is it lawful for him to favor his son with something in his lifetime to the exclusion of his brothers. For Bashir ibn Sa'd (may Allah be pleased with him) gave a gift to his son Nu'man ibn Bashir, and his mother, Umm Nu'man, said to him, "I am not satisfied until you have the Messenger of Allah (peace and blessings be upon him) witness it." So Bashir ibn Sa'd went to the Prophet (peace and blessings be upon him) to have him witness it, and the Prophet (peace and blessings be upon him) said: And he said: Sahih al-Bukhari 2587.
Therefore, it is not permissible for this father to favor his eldest son with anything, neither in his lifetime nor after his death. Yes, if it were the case that his eldest son devoted himself to working with him in his trade, he could give him a monthly wage according to the standard wage. And he could partner with him in the profit, giving him half the profit, or a third of the profit, or something similar to what is customary.
As for this eldest son who helped his father raise his brothers, he has a reward with Allah the Mighty and Majestic. He has a reward from two aspects: from the aspect of dutifulness to his father, and from the aspect of maintaining family ties with his brothers. And this is better than this world and what is in it.
And on this occasion, I would like to point out an issue that I have often mentioned from this pulpit, which is that some people have young and older children. When the older children reach the age of marriage, the father marries them off, and then he writes a bequest for the young children who have not reached the age of marriage in his lifetime. He writes them a bequest equal to the amount of the mahr (bridal gift) that he gave to each of the married ones. This is not permissible, because marriage is part of financial support. Each child is given what he needs. If these young children did not need that in their father's lifetime, then it is not lawful for him to bequeath to them anything. If he does so, he has bequeathed to an heir. And the Prophet (peace and blessings be upon him) said:.
The questioner : May Allah bless you.
The Shaykh : Yes.
The questioner : Does he have the right to this allocation? We ask for guidance and advice. May you be rewarded.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, the Seal of the Prophets and the Imam of the Pious, and upon his family and all his Companions. Our answer to this question is that it is not permissible for this father to write the estate in the name of his eldest son, because this entails a bequest to an heir. Allah the Mighty and Majestic has specified the share of the heirs after the death of their deceased relative. He said in a verse from the verses of inheritance:
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.
ءاباؤُكُم وَأَبناؤُكُم لا تَدرونَ أَيُّهُم أَقرَبُ لَكُم نَفعًا فَريضَةً مِنَ اللَّهِ إِنَّ اللَّهَ كانَ عَليمًا حَكيمًا(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.
تِلكَ حُدودُ اللَّهِ وَمَن يُطِعِ اللَّهَ وَرَسولَهُ يُدخِلهُ جَنّاتٍ تَجري مِن تَحتِهَا الأَنهارُ خالِدينَ فيها وَذلِكَ الفَوزُ العَظيمُ * وَمَن يَعصِ اللَّهَ وَرَسولَهُ وَيَتَعَدَّ حُدودَهُ يُدخِلهُ نارًا خالِدًا فيها وَلَهُ عَذابٌ مُهينٌAllah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يُبَيِّنُ اللَّهُ لَكُم أَن تَضِلّوا وَاللَّهُ بِكُلِّ شَيءٍ عَليمٌThere is no bequest for an heir
لا وصية لوارثI will not bear witness to injustice.
أشهد على هذا غيري فإني لا أشهد على جَورBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمTherefore, it is not permissible for this father to favor his eldest son with anything, neither in his lifetime nor after his death. Yes, if it were the case that his eldest son devoted himself to working with him in his trade, he could give him a monthly wage according to the standard wage. And he could partner with him in the profit, giving him half the profit, or a third of the profit, or something similar to what is customary.
As for this eldest son who helped his father raise his brothers, he has a reward with Allah the Mighty and Majestic. He has a reward from two aspects: from the aspect of dutifulness to his father, and from the aspect of maintaining family ties with his brothers. And this is better than this world and what is in it.
And on this occasion, I would like to point out an issue that I have often mentioned from this pulpit, which is that some people have young and older children. When the older children reach the age of marriage, the father marries them off, and then he writes a bequest for the young children who have not reached the age of marriage in his lifetime. He writes them a bequest equal to the amount of the mahr (bridal gift) that he gave to each of the married ones. This is not permissible, because marriage is part of financial support. Each child is given what he needs. If these young children did not need that in their father's lifetime, then it is not lawful for him to bequeath to them anything. If he does so, he has bequeathed to an heir. And the Prophet (peace and blessings be upon him) said:
There is no bequest for an heir
لا وصية لوارثThe questioner : May Allah bless you.