What is the ruling on giving a gift to one of the heirs, such as the wife?
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The questioner : Praise be to Allah, and may peace and blessings be upon the Messenger of Allah.
A man wants to give his wife a gift, either money or a piece of land. He asks: Does this affect the inheritance, and does it thereby become unjust toward the rest of his family? May Allah reward you.
The Shaykh : The rest of the heirs, you mean?
The questioner : The rest of the heirs, yes.
The Shaykh : If a person is in good health and gives something to one of the heirs, then the gift is valid, and this is not considered an unjust gift. This is because the actions of a healthy person are valid. It is not known that those he assumes to be his heirs might die before him, in which case he would be the heir.
However, if this is during the deathbed illness that is feared, then it is not permissible for him to give anything to any of the heirs, neither the wife nor anyone else. As for non-heirs, he may give them one-third or less, and this is in the case of the deathbed illness that is feared. But if he is not in that state, but rather in good health, there is no harm in giving to some of the heirs and withholding from others, except in the case of children. As for children, it is obligatory to be just among them according to their inheritance shares, giving the male the equivalent of two females.
A man wants to give his wife a gift, either money or a piece of land. He asks: Does this affect the inheritance, and does it thereby become unjust toward the rest of his family? May Allah reward you.
The Shaykh : The rest of the heirs, you mean?
The questioner : The rest of the heirs, yes.
The Shaykh : If a person is in good health and gives something to one of the heirs, then the gift is valid, and this is not considered an unjust gift. This is because the actions of a healthy person are valid. It is not known that those he assumes to be his heirs might die before him, in which case he would be the heir.
However, if this is during the deathbed illness that is feared, then it is not permissible for him to give anything to any of the heirs, neither the wife nor anyone else. As for non-heirs, he may give them one-third or less, and this is in the case of the deathbed illness that is feared. But if he is not in that state, but rather in good health, there is no harm in giving to some of the heirs and withholding from others, except in the case of children. As for children, it is obligatory to be just among them according to their inheritance shares, giving the male the equivalent of two females.