I have sons and daughters, and I give them some money, but not equally, rather according to their level. What is the obligation in this matter?
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The questioner : I have sons and daughters, and I give them some money, but not equally; this gift is according to their level. Please advise me on this action, may Allah reward you.
The Shaykh : It is obligatory for a person to be just among his children, male and female, by giving the male twice what he gives the female. That is, if he gives the female ten, he gives the male twenty. This is how Allah the Exalted divided among the children in inheritance, and He said:[An-Nisa 4:11]. There is no division more just than the division of Allah Mighty and Majestic. This applies in cases other than need.
As for what he gives them for the sake of need and maintenance, every person is given what he needs. If we assume that the female needs one hundred for clothing and the male needs only fifty, he gives the male fifty and the female one hundred. If the situation is the reverse, he gives each of them what he needs.
So the answer is: if the gift is pure voluntary charity, it is necessary to be just by giving the male twice what the female receives. If it is for maintenance, then justice among them is to give every person what he needs. Let us suppose he has two sons, one of whom is young and does not need books, paper, pens, or other things, while the other is studying and needs books, paper, and pens. He gives the student what he needs for school, and he gives the other nothing.
Perhaps on this occasion we should mention some of our brothers who have multiple brothers, where some of the children grow up and get married, while the younger ones remain. You find that he bequeaths to them some of his wealth so that they can get married after his death. This is forbidden for him, because marriage is part of maintenance. So whoever needs it, he fulfills his need in it, and whoever does not need it, it is not permissible for him to give him anything. Accordingly, if a man has three sons and two of them get married during his lifetime, and the young one has not reached the age of marriage, and then this father bequeaths to the young one the amount of the mahr (bridal gift) that he gave his two brothers, then that is forbidden, and the bequest is invalid. If he dies, this bequest is returned to the estate, unless the remaining heirs permit it, based on the saying of the Prophet (peace and blessings be upon him):.
The questioner : May Allah bless you.
The Shaykh : It is obligatory for a person to be just among his children, male and female, by giving the male twice what he gives the female. That is, if he gives the female ten, he gives the male twenty. This is how Allah the Exalted divided among the children in inheritance, and He said:
Allah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAs for what he gives them for the sake of need and maintenance, every person is given what he needs. If we assume that the female needs one hundred for clothing and the male needs only fifty, he gives the male fifty and the female one hundred. If the situation is the reverse, he gives each of them what he needs.
So the answer is: if the gift is pure voluntary charity, it is necessary to be just by giving the male twice what the female receives. If it is for maintenance, then justice among them is to give every person what he needs. Let us suppose he has two sons, one of whom is young and does not need books, paper, pens, or other things, while the other is studying and needs books, paper, and pens. He gives the student what he needs for school, and he gives the other nothing.
Perhaps on this occasion we should mention some of our brothers who have multiple brothers, where some of the children grow up and get married, while the younger ones remain. You find that he bequeaths to them some of his wealth so that they can get married after his death. This is forbidden for him, because marriage is part of maintenance. So whoever needs it, he fulfills his need in it, and whoever does not need it, it is not permissible for him to give him anything. Accordingly, if a man has three sons and two of them get married during his lifetime, and the young one has not reached the age of marriage, and then this father bequeaths to the young one the amount of the mahr (bridal gift) that he gave his two brothers, then that is forbidden, and the bequest is invalid. If he dies, this bequest is returned to the estate, unless the remaining heirs permit it, based on the saying of the Prophet (peace and blessings be upon him):
There is no bequest for an heir
لا وصية لوارثThe questioner : May Allah bless you.