If a person has an elderly father who is capable of working and is in a good financial state, and he said to his son, “I will write this land in your name and give you an apartment in it after I am finished”
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The questioner : In his second question, he says, “O esteemed Shaykh, if a person has an elderly father who is capable of working and is in a good financial state, and he said to his son, ‘I will write this land in your name and give you an apartment in it after I am finished building it,’ and this was for the purpose of taking out a loan in the son’s name, and after taking the loan and building the structure, he rented it out, and it has now been about three years, knowing that the son has not received anything from the rent, is it permissible for the father in this case to rent it out in light of the Shari'ah, and does the son have a right in it or not? The father stated that he will make the structure a waqf (endowment); is that permissible for him or not? Knowing that the son is poor and in debt, please inform us in these questions with a clear and sufficient answer, knowing that the son has not been short with his father, and the father does not need the property, and the questioner also mentions and says that the property has a rent estimated at one hundred and fifty thousand riyals annually, and may Allah reward you with good.”
The Shaykh : What appears to me is that this father only wrote the land in his son’s name to use it as a ruse to take out a loan from the Development Fund. This action he performed is forbidden because it involves a ruse against the government, as he presented the matter to them in a way that is contrary to the truth. This is betrayal, and betrayal of those in authority is forbidden. It is obligatory for the believer to be straightforward in his dealings and not to deceive the servants of Allah. If this was his intention, then he has done something forbidden, and he must repent to Allah, Mighty and Majestic, for what he has done.
As for if he wants to give you this land as a genuine gift, it is not permissible for him to give it to you without your siblings, because a person is not allowed to prefer some of his children over others in gifts, due to the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 2587 The Prophet (peace and blessings be upon him) commanded justice between the children. So if a person has male and female children, if he gives to one of them, he must give to the other the same amount, except for the female, who is given half of the male’s share, because this is the division of Allah, Mighty and Majestic, in inheritance, and the division of Allah the Exalted is the most just division. So if a person has male and female children, let his gift to them be equal in proportion for the males and equal in proportion for the females. As for the males in relation to the females, the male has the share of two females.
So if your father has given it to you as a genuine gift, it is not permissible for him to give it to you as a genuine gift unless he gives to your siblings what he gave to you, and then the matter is looked into.
The summary of the answer is that if your father made this land in your name in order to use it as a ruse to take out a loan from the Real Estate Development Fund, then it is forbidden for him because it is lying and betrayal of the state. But if he gave you this land as a genuine gift, then if you have brothers or sisters, it is not permissible for him to prefer you over them. And if you have no brothers or sisters, then it is yours.
As for what your father did after he built the structure on it, the answer to this is not with me, but rather with the Shari'ah courts.
The questioner : May Allah bless you.
The Shaykh : What appears to me is that this father only wrote the land in his son’s name to use it as a ruse to take out a loan from the Development Fund. This action he performed is forbidden because it involves a ruse against the government, as he presented the matter to them in a way that is contrary to the truth. This is betrayal, and betrayal of those in authority is forbidden. It is obligatory for the believer to be straightforward in his dealings and not to deceive the servants of Allah. If this was his intention, then he has done something forbidden, and he must repent to Allah, Mighty and Majestic, for what he has done.
As for if he wants to give you this land as a genuine gift, it is not permissible for him to give it to you without your siblings, because a person is not allowed to prefer some of his children over others in gifts, due to the saying of the Prophet (peace and blessings be upon him)
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمSo if your father has given it to you as a genuine gift, it is not permissible for him to give it to you as a genuine gift unless he gives to your siblings what he gave to you, and then the matter is looked into.
The summary of the answer is that if your father made this land in your name in order to use it as a ruse to take out a loan from the Real Estate Development Fund, then it is forbidden for him because it is lying and betrayal of the state. But if he gave you this land as a genuine gift, then if you have brothers or sisters, it is not permissible for him to prefer you over them. And if you have no brothers or sisters, then it is yours.
As for what your father did after he built the structure on it, the answer to this is not with me, but rather with the Shari'ah courts.
The questioner : May Allah bless you.