Is it obligatory to be just in dividing a grant among the children? And is it permissible for him to divide his estate before his death?

The questioner : He asked some people, and they told him: No, give the male the share of two females. I asked him: Why? He said to me: ... I said to him: ... You are ruling with a ruling that is not the ruling... and in a matter in which you are not obligated... I want equality, so he did not state his opinion. Now he asked them first, and they told him: ... So I told him, meaning he wanted, so he wanted... in the matter.

Another questioner : He should sit... .

The questioner : This man sat with you several times, he sat in the house... .

The Shaykh : The questioner or the mufti?

The questioner : The questioner.

The Shaykh : The questioner.

The questioner : So he said to me: If it is a second time, he sat with you wanting to repeat the same question, meaning two or three times he sat with you.

The Shaykh : There is no doubt that the correct view is what = -- ... ... -- = the correct view is what I answered with; because dividing the inheritance during one's lifetime is anticipating the Shari'ah ruling before the existence of its cause, for the cause of inheritance is death. Certainly, he divides his wealth, and when the cause that obligates the division occurs, which is death; therefore, there are two violations here. The first violation is hastening to implement the ruling before the occurrence of the legislating cause for it. The second violation is that he made the gift like the obligatory share of inheritance, whereas they are not equal, for example; because the Messenger (peace be upon him) said in the authentic hadith: , and the well-known story narrated by al-Nu'man ibn Bashir (may Allah be pleased with him) = -- and upon you be peace and the mercy of Allah and His blessings -- = a Companion's son of a Companion, Bashir, the father of al-Nu'man. Al-Nu'man's mother, Bashir's wife, asked him to give a slave boy to al-Nu'man, so he agreed, but she, out of her wisdom, said: I will not accept it until you make the Messenger of Allah a witness to this gift. So Bashir went, leading his son by the hand, and said to him: O Messenger of Allah, Bashir's mother asked me to give al-Nu'man a slave boy, so I have gifted him this slave boy. He said: . He said: No. And he mentioned that his wife said: I will not accept it unless the Messenger witnesses to this gift. So he (peace be upon him) said: ; therefore, division is not inheritance. Inheritance, first: it is not permissible except after the occurrence of its cause, which is death. Second: according to His saying (Glorified and Exalted is He): , whereas in the case of a gift, equality is necessary.

The questioner : And if it was... if it was a child from a second mother?

The Shaykh : And if, my brother.

The questioner : It is not permissible.

The Shaykh : The discussion is about the grant, not about the need.

The questioner : The grant.

The Shaykh : Yes, the grant, meaning the gift, there is no difference between an older and a younger, between a male and a female.

The questioner : And if he has a small child among his older brothers, and his age is, for example, five years, and all his brothers are adults, and all are married in a good state and do not need anything, it is not permissible for him to give.

The Shaykh : Except with justice.

The questioner : Except with justice.

The Shaykh : As for the need, the need differs. For example, a child is tailored a shirt that costs... I am repeating... your question.

The questioner : That is, for example, land, he wants to register land for him, for example... he wants this child from his wife, and he has other children from his deceased wife, it is the right of this child that he gives him land or anything from his wealth.

The Shaykh : .