Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

When my mother was alive, she gifted my older brother and me a piece of land measuring approximately twenty qirat

Machine translationRead the Arabic original
The questioner : The listener also says: When my mother was alive, she gifted my older brother and me a piece of land measuring approximately twenty qirat, but she stipulated that we pay our four sisters a sum of six hundred Egyptian pounds. When she passed away, we paid each of them one hundred and fifty pounds, as our mother had stipulated. Is this procedure correct, or is it contrary to the Shari'ah? Please note that the two older sisters agreed to this procedure. We ask for your guidance?

The Shaykh : I say that it is not permissible for a person to give one of his children more than he gave to another, or to single one out with a gift to the exclusion of the others. Your mother singled you out with a gift to the exclusion of your sisters, so you must seek their forgiveness and give them what pleases their hearts. This is because the Prophet (peace and blessings be upon him) said to Bashir ibn Sa'd when he gave his son Nu'man ibn Bashir a gift that he had not given to his brothers:
I will not bear witness to injustice. أشهد على هذا غيري فإني لا أشهد على جوْر
The Prophet (peace and blessings be upon him) called this injustice, and injustice is oppression that a person must not persist in. So, part of your dutifulness to your mother is that you reach an agreement with your sisters and seek their forgiveness. It is not sufficient to offer each of them one hundred and fifty pounds; rather, you must satisfy them with what pleases their hearts if you want to clear your mother's obligation. On this occasion, I say that it is not permissible for a person to give one of his children more than the others, or to single one out with a gift to the exclusion of the others. This applies to pure gifts. However, in matters that fall under meeting needs and providing maintenance, justice requires giving each person what they need. For example, a daughter needs jewelry, and a son needs a headscarf or cap. It is known that jewelry is more valuable than a headscarf or cap. So, if he gives the daughters jewelry and does not give the sons the equivalent, there is no blame on him, because this falls under maintenance and meeting needs. Likewise, if one of the sons needs to get married and he gives him from his wealth to marry him, he is not required to give the others the equivalent of what he gave the married son. Rather, he is only required to marry the others when they reach marriageable age, just as he married his older brother.
Some people have resorted to a forbidden act, thinking it is permissible. They bequeath to their young sons that when the older sons are married, they will bequeath to the young ones something to marry with after their death. This is forbidden for them, and the bequest is not valid unless the remaining heirs permit it, based on the saying of the Prophet (peace and blessings be upon him):
There is no bequest for an heir لا وصية لوارث
If he says, "I have married the older sons," we say, yes, you married them at the time of their marriage. But as for the young ones, the time for their marriage has not yet come. So, giving them or bequeathing to them what you gave to marry the older ones is considered a gift that is not permissible. I want my brother listeners to pay attention to this point, because if they bequeath something to the young ones, they will have sinned, but if they do not bequeath anything to them, they will be safe from sin. Yes.

The questioner : May Allah bless you.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas