A man divided his wealth equally among his sons before he died; is his action permissible?
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The questioner : The father (may Allah have mercy on him), before he passed away... the Muslims, if Allah wills, he had cancer which took nine months in the hospital, and I was accompanying him. He made a power of attorney, and two people testified that he was making a bequest of one-third of his wealth to me, one-third of the wealth to me.
The Shaykh : What is one-third of the wealth?
The questioner : I mean, he said one-third of the wealth.
The Shaykh : I mean, he bequeathed it to you.
The questioner : I mean, one-third of his wealth, and after a while he came out of the hospital. Well, I was in another area, and he went and divided his wealth among his children while he was still alive, among his children.
The questioner : Is there anything on me?
The Shaykh : When he died, did he not leave behind any wealth?
The questioner : He divided it while he was alive.
The Shaykh : I understand that after this division, he did not leave behind any wealth other than that?
The questioner : Once, that is, it became according to the division?
The Shaykh : And did each one take his share?
The questioner : Everyone took his share. Is there anything that will catch up to me?
The Shaykh : No, nothing will catch up to you because, as you say, there is no wealth that he left behind. But the issue has another aspect, which is what he did: was it prescribed or not? Was his division of the wealth during his lifetime according to the method of inheritance? Was it based on the principle of[An-Nisa 4:11], or was it based on equality among all the children?
The questioner : No, he has five male children from his wife.
The Shaykh : I mean, sons.
The questioner : Yes, three sons and two daughters from a second wife. So he divided the amount in the area where he was: half to these and half to those, his children. These are five children and their mother is divorced, and these are, I mean, three sons and two daughters, and their mother is with us until he passed away?
The Shaykh : The total is five from one wife and five from another wife?
The questioner : Yes, but those are two daughters?
The Shaykh : I am not responsible, and he gave the five half of what he owned and the other five half of what he owned.
The questioner : Yes, exactly.
The Shaykh : Five, all males, and five, of whom three are males and two are females, and he made it in the form of a gift?
The questioner : Yes, exactly.
The Shaykh : Yes, if it was in the form of a gift, then this is the Shari'ah, and it is justice in giving, with no distinction between male and female. But if it was from the division of inheritance, it is wrong in two ways. First: the division of inheritance is not permissible except after the realization of its cause, which is death. Second: the realization of the Qur'anic principle[An-Nisa 4:11]. I do not know what he intended? Did he intend a gift or inheritance?
The questioner : No, his intention was a gift.
The Shaykh : A gift, so it is permissible, and you are out of... .
Another questioner : I mean, does the final division take effect in the first bequest?
The Shaykh : It is this, therefore...
The Shaykh : What is one-third of the wealth?
The questioner : I mean, he said one-third of the wealth.
The Shaykh : I mean, he bequeathed it to you.
The questioner : I mean, one-third of his wealth, and after a while he came out of the hospital. Well, I was in another area, and he went and divided his wealth among his children while he was still alive, among his children.
The questioner : Is there anything on me?
The Shaykh : When he died, did he not leave behind any wealth?
The questioner : He divided it while he was alive.
The Shaykh : I understand that after this division, he did not leave behind any wealth other than that?
The questioner : Once, that is, it became according to the division?
The Shaykh : And did each one take his share?
The questioner : Everyone took his share. Is there anything that will catch up to me?
The Shaykh : No, nothing will catch up to you because, as you say, there is no wealth that he left behind. But the issue has another aspect, which is what he did: was it prescribed or not? Was his division of the wealth during his lifetime according to the method of inheritance? Was it based on the principle of
for the male, what is equal to the share of two females
للذكر مثل حظ الانثيينThe questioner : No, he has five male children from his wife.
The Shaykh : I mean, sons.
The questioner : Yes, three sons and two daughters from a second wife. So he divided the amount in the area where he was: half to these and half to those, his children. These are five children and their mother is divorced, and these are, I mean, three sons and two daughters, and their mother is with us until he passed away?
The Shaykh : The total is five from one wife and five from another wife?
The questioner : Yes, but those are two daughters?
The Shaykh : I am not responsible, and he gave the five half of what he owned and the other five half of what he owned.
The questioner : Yes, exactly.
The Shaykh : Five, all males, and five, of whom three are males and two are females, and he made it in the form of a gift?
The questioner : Yes, exactly.
The Shaykh : Yes, if it was in the form of a gift, then this is the Shari'ah, and it is justice in giving, with no distinction between male and female. But if it was from the division of inheritance, it is wrong in two ways. First: the division of inheritance is not permissible except after the realization of its cause, which is death. Second: the realization of the Qur'anic principle
for the male, what is equal to the share of two females
للذكر مثل حظ الأنثيينThe questioner : No, his intention was a gift.
The Shaykh : A gift, so it is permissible, and you are out of... .
Another questioner : I mean, does the final division take effect in the first bequest?
The Shaykh : It is this, therefore...
Source
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The Arabic text is copied verbatim from the original source, without any edits.