about how to divide a gift among the children?
Machine translationRead the Arabic original
The questioner : Regarding a gift to the children... does the male have the same share as two females, or is the male and female the same?
The Shaykh : No, actually, Imam al-Maliki clarified this issue. The rulings of inheritance do not apply to a gift; therefore, the verse is well known,[An-Nisa 4:11] its place, as we all know, is in the laws of inheritance and shares. As for a gift, a present, or a grant, the rule is to be just among your children; so equalization is necessary.
The questioner : Okay; for example, if I do not cause harm to the child by giving the daughter the same as the son; meaning, if I have one thousand dinars and I give the son, for example, two hundred and fifty, and the daughter two hundred and fifty, if I die... ...?
The Shaykh : You are obligated to look at the consequences, and the consequences are known only to the Knower of the Unseen?! You are obligated to carry out what you are obligated to do in your worldly life, which is justice among the children. And what do you know about what Allah creates and decrees after that? And what does the Muslim know about such deep analysis, especially in a position of opposing the explicit Prophetic text:, and it was brought by the professor "Abu Malik..." in the other narration when he asked them, or asked al-Bashir, who is the father of al-Nu'man, whether he did not want his children to be equal with him in kindness? He said: Yes. So equal kindness corresponds to justice in equalization as well. Therefore, it is not permissible to differentiate or deprive between males and females. It is enough for us to be in a state of pre-Islamic ignorance that we opposed the legal text regarding inheritance that I mentioned earlier. Many people absolutely forbid daughters from inheritance, meaning, then the law of the people and their legislation comes to also oppose the Shari'ah from another angle in some matters; for example, what they call "tilted lands"; here they equalize the male and the female, and this is also an error. In any case, regarding your question, the hadith remains in favor of equalizing among the children in general, and there is nothing that restricts it or... that we should interpret it as applying to inheritance entirely.
The Shaykh : No, actually, Imam al-Maliki clarified this issue. The rulings of inheritance do not apply to a gift; therefore, the verse is well known,
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الْأُنْثَيَيْنِThe questioner : Okay; for example, if I do not cause harm to the child by giving the daughter the same as the son; meaning, if I have one thousand dinars and I give the son, for example, two hundred and fifty, and the daughter two hundred and fifty, if I die... ...?
The Shaykh : You are obligated to look at the consequences, and the consequences are known only to the Knower of the Unseen?! You are obligated to carry out what you are obligated to do in your worldly life, which is justice among the children. And what do you know about what Allah creates and decrees after that? And what does the Muslim know about such deep analysis, especially in a position of opposing the explicit Prophetic text:
Be just among your children
اعدِلُوا بين أولادكم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
