My father prepared a house for me in which I got married, and it was his intention to do the same for my male brothers when they reached marriageable age, and the question is
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The questioner : My father prepared a house for me in which I got married, and it was his intention to do the same for my male brothers when they reached marriageable age, and the question is: Is that house considered a gift from my father that transfers to my ownership such that if he dies, my brothers do not inherit it, or is it considered part of my father's property such that if he dies, my male brothers and sisters inherit it?
And if it is a gift, is it obligatory for him to equalize between me and my sisters, who do not need it, since they are provided for by their husbands' houses? May Allah reward you with good?
The Shaykh : It is obligatory for the father in this situation not to give the son the house as ownership, but to give it to him as a loan, because the son here will fulfill his need for residence even if it is a loan, so giving it to him as ownership is excessive. Either he gives the other males the same and the females half of it, or he says: "My son, this is a loan for you to keep until you are able to find a house of your own."
The questioner : Is it not permissible for it to be a gift?
The Shaykh : It is not permissible, because it is not a necessity of a gift, is it? It is not a necessity; a gift is not a necessity; he can benefit from it while it belongs to his father.
And similarly: for example, one of our sons needs a car for school, and the others do not need it. Here we do not say: give your son who needs the car a car. No, give him the car to benefit from it, and its ownership remains yours, so that if death occurs from you or from him, it returns to the estate.
And the session ends here because it is time.
The questioner : ...
The Shaykh : There is no contradiction, there is no obstacle.
The questioner : Is there anything wrong with it?
The Shaykh : Absolutely not, if it is according to the need.
The questioner : This is what was found.
The Shaykh : Yes, because it was not found except for one hundred and twenty, he will not give him one hundred and twenty when eighty was found, do not think about it.
The questioner : Is this not an excess?
The Shaykh : Absolutely not, because this is a necessity; the one hundred and twenty is a necessity. If he says to the wife's family: I will give you eighty just as I did not give this one, they would say: No.
The questioner : If the father is accustomed to marrying all his sons, paying their mahr, and he married all of them except one or two, and he has an estate, does this weaken the share of marriage for these two?
The Shaykh : No, no, because the marriage of the remaining two has not yet become due.
The questioner : It has become due.
The Shaykh : Did it become due during his lifetime?
The questioner : It became due during his lifetime.
The Shaykh : Why did he not marry them?
The questioner : They were waiting for something.
The Shaykh : So the negligence is on their part, the negligence is on their part, so if their father dies, nothing comes out of his estate for them.
The questioner : And if the brothers agree?
The Shaykh : There is no harm, if they agree there is no harm, and this is good, if they agree there is no harm, good.
The questioner : If the ownership is the father's and I am the one who bore the cost of building it, does the place of the house return to the estate or all of it?
The Shaykh : No, what you spent returns to you and the rest to the heirs.
The questioner : May Allah bless you.
The Shaykh : May Allah bless you, and may Allah accept from us and from you.
And if it is a gift, is it obligatory for him to equalize between me and my sisters, who do not need it, since they are provided for by their husbands' houses? May Allah reward you with good?
The Shaykh : It is obligatory for the father in this situation not to give the son the house as ownership, but to give it to him as a loan, because the son here will fulfill his need for residence even if it is a loan, so giving it to him as ownership is excessive. Either he gives the other males the same and the females half of it, or he says: "My son, this is a loan for you to keep until you are able to find a house of your own."
The questioner : Is it not permissible for it to be a gift?
The Shaykh : It is not permissible, because it is not a necessity of a gift, is it? It is not a necessity; a gift is not a necessity; he can benefit from it while it belongs to his father.
And similarly: for example, one of our sons needs a car for school, and the others do not need it. Here we do not say: give your son who needs the car a car. No, give him the car to benefit from it, and its ownership remains yours, so that if death occurs from you or from him, it returns to the estate.
And the session ends here because it is time.
The questioner : ...
The Shaykh : There is no contradiction, there is no obstacle.
The questioner : Is there anything wrong with it?
The Shaykh : Absolutely not, if it is according to the need.
The questioner : This is what was found.
The Shaykh : Yes, because it was not found except for one hundred and twenty, he will not give him one hundred and twenty when eighty was found, do not think about it.
The questioner : Is this not an excess?
The Shaykh : Absolutely not, because this is a necessity; the one hundred and twenty is a necessity. If he says to the wife's family: I will give you eighty just as I did not give this one, they would say: No.
The questioner : If the father is accustomed to marrying all his sons, paying their mahr, and he married all of them except one or two, and he has an estate, does this weaken the share of marriage for these two?
The Shaykh : No, no, because the marriage of the remaining two has not yet become due.
The questioner : It has become due.
The Shaykh : Did it become due during his lifetime?
The questioner : It became due during his lifetime.
The Shaykh : Why did he not marry them?
The questioner : They were waiting for something.
The Shaykh : So the negligence is on their part, the negligence is on their part, so if their father dies, nothing comes out of his estate for them.
The questioner : And if the brothers agree?
The Shaykh : There is no harm, if they agree there is no harm, and this is good, if they agree there is no harm, good.
The questioner : If the ownership is the father's and I am the one who bore the cost of building it, does the place of the house return to the estate or all of it?
The Shaykh : No, what you spent returns to you and the rest to the heirs.
The questioner : May Allah bless you.
The Shaykh : May Allah bless you, and may Allah accept from us and from you.