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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for a man to relinquish a farm to his wife during his lifetime, for example, when he has two farms?

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The questioner : Well, I told you, by Allah, my wife has worked hard with me in life, and I want to gift her a farm from my own, and a farm for my children. I have two farms, meaning, I registered one in my wife's name.

The Shaykh : Here you have two scenarios: one concerning the wife, and one concerning one of the children. As for one of the children, the answer has already been given that it is not permissible to favor him over the others. As for the wife, he may gift her whatever he wishes and grant her whatever he wishes, provided he does not intend to harm the heirs. Do you understand? For example, my wife served me and helped me with the problems of my life, and so on, and her character is good with me, and so on, so I want to honor her and give her, for example, one million dinars. I am a rich man; I give her one million dinars, and no one has an objection to me, because I am free to dispose of my wealth as long as I do not contravene my religion. But where does the contravention come in? If I give her one million and deprive the heirs. Do you understand how? I used a high number to illustrate the point. And peace be upon you. My children do not have a home to shelter in, each one of them, and the wife is sheltered with her husband in her home. He comes and writes a house for her and deprives the others. Do you understand how? But if Allah has made him wealthy and from his wealth he comes to give his wife a gift, a present, or a donation, this is permissible. But favoring one child over another is not permissible, because he (peace and blessings be upon him) said:
Be just among your children اعدلوا بين أولادكم
And a man came in the time of the Messenger (peace and blessings be upon him) named Bashir al-Ansari. He had a son, apparently a clever one, named Nu'man. His mother loved him very much. Bashir said: "My mother kept pressing me until she made me give Nu'man ibn Bashir a slave boy." You know, slaves were abundant at that time, so he agreed with her and gifted this son, Nu'man, a slave boy. From her cunning, she said:
I will not accept it unless you bring the Messenger of Allah to bear witness. He took the boy by the hand and went to the Messenger (peace and blessings be upon him). He said: "O Messenger of Allah (peace and blessings be upon him), I have gifted this son of mine a slave boy." He said: "Do you have other children?" He said: "Yes." He said: "Did you gift each of them a slave boy?" He said: "No." He said: "Then I do not bear witness to injustice. Be just among your children, be just among your children, as you would like them to be just with you in kindness. So be just with them in giving." لا أقبل حتى تشهد رسول الله ، أخذ بيد الولد وانطلق إلى الرسول صلى الله عليه و سلم ، قال : يا رسول الله صلى الله عليه وسلم ابني هذا وهبته غلاما ، قال : ألك أولاد ، قال : نعم ، قال : أوهبت كل واحدا منهم غلاما ، قال : لا ، قال : فإني لا اشهد على جور ، اعدلوا بين أولادكم اعدلوا بين أولادكم كما تحبون أن يعدلوا معكم في البر ، فأنتم اعدلوا معهم في العطاء
, and the Messenger (peace and blessings be upon him) was not willing to bear witness. "I do not bear witness," why? Because of favoring one child over the others. And this is, in reality, of the utmost wisdom, because this favoritism creates enmity and hatred between the brothers. Many people think that if one of his children is righteous and the others are wicked, he will say, "I want to favor him." If favoritism were permissible, I would see the exact opposite. We, the wicked ones, need to be made happy, not have more misery added to our misery, and have our hearts boil against this brother of ours, because here is something that makes their hearts boil, because they feel a difference between them: they are miserable and wicked, and this one is happy and pious, and he does not care about anything of this world. So when this foolish father comes and favors this righteous son over the others, it is like lighting a fuse in gasoline.


The questioner : Well, it might be, Shaykh, for another wife who has children. So he must divide between the children of the two wives in the same way?

The Shaykh : Yes, justice must also be maintained between the wives.

The questioner : Our Shaykh, in the hadith
Be just among your children, and they will be dutiful to you... اعدلوا بين ولدكم يبروكم ...


The Shaykh : Perhaps I mentioned this hadith, but with different wording; I do not remember it now.

The questioner : The meaning is that the Messenger (may Allah's prayer and peace be upon him) indicated justice in wealth so that there would be justice in love and affection.

The Shaykh : Yes, in love and affection.
Source www.al-albany.com

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

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