A man has children who have reached the age of maturity, and each of them is married, and one of them assists him in his work and obeys him and looks after his father's affairs in his farm or his building
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The questioner : A man has children who have reached the age of maturity, and each of them is married, and one of them cooperates with him and assists him in his work and obeys him and looks after his father's affairs in his farm or his buildings and the like, while the rest turn away from such work, and each one attends to his own affairs. However, the father has given this son who helps him a right in excess of his brothers, such as letting him live with him without paying rent, while the others rent in other buildings. Please advise us in such cases, may Allah guide you?
The Shaykh : Yes. We must know before answering this question that the Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 2587 This was when Bashir ibn Sa'd al-Ansari came to him informing him that he had given a gift to his son al-Nu'man ibn Bashir. The Messenger of Allah (peace and blessings be upon him) said to him: Sahih Muslim 1623e He said: No. The Messenger of Allah (peace and blessings be upon him) said: The Prophet (peace and blessings be upon him) disclaimed bearing witness to it and said: Sahih Muslim 1623f This indicates that if a man gives one of his children something that he does not give to the others, he is unjust, and injustice is forbidden and contrary to justice. For this reason, the Messenger of Allah (peace and blessings be upon him) said in the same hadith: Sahih al-Bukhari 2587 The way to be just is that if it is in obligatory maintenance, he gives each one what he needs for his maintenance, whether little or much. So if it is estimated that he has three children, one of whom has reached the age of marriage and wishes to marry, the second is below that, and the third is below that, but the second is studying in a college or secondary school and needs books to review, and the third is below him and does not need what the second needs of books, then here we say that justice is to marry the first one, even if you lose what you lose of money on him, and it is not obligatory for you to give the other two the same. Justice for the second is to give him what he needs for books, even if you do not give the third the same, because the third does not need them. And you give the third what he needs. So if it is estimated that the second's need for books reaches five hundred riyals, buy him books for five hundred riyals, and the third does not need more than fifty riyals, buy him books for fifty riyals. And the first one who was to marry needed twenty thousand for marriage, marry him with twenty thousand, and this is not considered injustice, because this is fulfilling what is obligatory of maintenance.
But some people say: I will bequeath to my son who has not married the amount of the mahr that I helped his brother with who married. We say: This is not permissible, because the Prophet (peace and blessings be upon him) says: But if the young one reaches the age of marriage, marry him. And if he does not reach it and dies before reaching it, there is no blame on you, because marriage is from maintenance, so each one of them is given only what he needs. But if the gift is pure generosity, not for need, then it is obligatory to be just between them, and one is not given without the other.
And the way to be just, according to the stronger position, is that the male is given the share of two females. So if he has a son and a daughter and wants to give them a gift of generosity, not in return for obligatory maintenance, then if he gives the son two thousand, he gives the daughter only one thousand.
And after this, we answer the question of the questioner who mentioned that he has three children, and that one of them works with his father in his farm and in his trade and in his property, and that he lets him live for free, and that his other brothers live by paying rent from their own funds. We say: There is no blame on him to let his son live in one of his houses for free, on the condition that the rent of this house equals the wage of his work with his father. So if it is estimated that if he were a foreign worker, he would be entitled to one thousand riyals every month, and the rent of the house equals twelve thousand riyals, then there is nothing wrong with this, because his living is equal to the wage of his work. But if it is estimated that the rent of the house is more than what he is entitled to, such as his entitlement if he hired him being ten thousand riyals, and the rent of the house being twelve thousand riyals, then it is not permissible to let him live for free, but he must take from him two thousand riyals, which is the excess over what he was entitled to if he were a hired worker. Except if he, meaning this son, is poor and does not have the means to pay the excess, then in that case, letting him live is from the category of spending on him, and there is no blame.
And on this basis, we say: If one of the children is attending to his father's trade, and his father wants to give him a monthly wage estimated at the wage of a foreign person who is not his son, then there is nothing wrong with this, and it is not considered injustice or preference for this son. Yes.
The questioner : May Allah bless you, O honorable Shaykh. If the children are satisfied with the situation of their brother with peaceful hearts, meaning they have permitted it?
The Shaykh : Yes. If the children are satisfied and they are adults, we advise them regarding what their father preferred for their brother, then there is nothing wrong with this, because the right is theirs.
The questioner : Yes. May Allah bless you. The last question in the listener's letter says.
The Shaykh : Yes. We must know before answering this question that the Messenger of Allah (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمHave you done the same with every son of yours?
أفعلت هذا بولدك كلهم؟I bear witness to this other than me, for I do not bear witness to injustice
أشهد على هذا غيري فإني لا أشهد على جورI cannot be witness to an injustice
إني لا أشهد على جورBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمBut some people say: I will bequeath to my son who has not married the amount of the mahr that I helped his brother with who married. We say: This is not permissible, because the Prophet (peace and blessings be upon him) says:
There is no bequest for an heir
لا وصية لوارثAnd the way to be just, according to the stronger position, is that the male is given the share of two females. So if he has a son and a daughter and wants to give them a gift of generosity, not in return for obligatory maintenance, then if he gives the son two thousand, he gives the daughter only one thousand.
And after this, we answer the question of the questioner who mentioned that he has three children, and that one of them works with his father in his farm and in his trade and in his property, and that he lets him live for free, and that his other brothers live by paying rent from their own funds. We say: There is no blame on him to let his son live in one of his houses for free, on the condition that the rent of this house equals the wage of his work with his father. So if it is estimated that if he were a foreign worker, he would be entitled to one thousand riyals every month, and the rent of the house equals twelve thousand riyals, then there is nothing wrong with this, because his living is equal to the wage of his work. But if it is estimated that the rent of the house is more than what he is entitled to, such as his entitlement if he hired him being ten thousand riyals, and the rent of the house being twelve thousand riyals, then it is not permissible to let him live for free, but he must take from him two thousand riyals, which is the excess over what he was entitled to if he were a hired worker. Except if he, meaning this son, is poor and does not have the means to pay the excess, then in that case, letting him live is from the category of spending on him, and there is no blame.
And on this basis, we say: If one of the children is attending to his father's trade, and his father wants to give him a monthly wage estimated at the wage of a foreign person who is not his son, then there is nothing wrong with this, and it is not considered injustice or preference for this son. Yes.
The questioner : May Allah bless you, O honorable Shaykh. If the children are satisfied with the situation of their brother with peaceful hearts, meaning they have permitted it?
The Shaykh : Yes. If the children are satisfied and they are adults, we advise them regarding what their father preferred for their brother, then there is nothing wrong with this, because the right is theirs.
The questioner : Yes. May Allah bless you. The last question in the listener's letter says.