What is the ruling on a person who gives a gift to one of his children while alive, excluding the others?
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The questioner : I say, O Shaykh, may Allah reward you. A man has three buildings and two wives. He has a daughter from one wife and several sons from the other. He wrote one of these buildings in the name of his daughter from the other wife.
The Shaykh : Yes
The questioner : Is this permissible, secretly, of course, between him and this daughter, without the sons of the second wife knowing?
The Shaykh : That is, he bequeathed it to her.
The questioner : Yes
The Shaykh : He bequeathed it to her and did not give it to her as a gift.
The questioner : A gift.
The Shaykh : A gift, meaning during his lifetime.
The questioner : Yes
The Shaykh : Yes, what this man did is forbidden for him. It is not permissible for him to single out any of his sons or daughters with something from his wealth. Bashir ibn Sa'd (may Allah be pleased with him) gave a gift to his son al-Nu'man, and that reached the Prophet (peace and blessings be upon him), who said:Sahih al-Bukhari 2587 when he asked him: He said: No. He said: Sahih al-Bukhari 2587.
So Bashir returned the gift to al-Nu'man and took it back from him.
If the man is alive, may Allah reward you, convey to him that this is forbidden and that he must undo what he did, tear up the document, and return the matter to the ruling of Allah (Mighty and Majestic). If Allah decrees that he dies and the daughter is still alive, she will inherit with her brothers what she is entitled to in the religion of Allah. And perhaps she will die before him. In any case, convey this to him, if Allah wills, and advise him.
The questioner : O Shaykh, and if he insists?
The Shaykh : You convey it to him; it is only upon you to convey the message.
The questioner : I mean, if he insists.
The Shaykh : If he insists.
The questioner : If he insists that, for example, he will not return this gift.
The Shaykh : Yes
The questioner : And then he dies.
The Shaykh : It is returned in the inheritance; the inheritance is made equal.
The Shaykh : Yes
The questioner : Is this permissible, secretly, of course, between him and this daughter, without the sons of the second wife knowing?
The Shaykh : That is, he bequeathed it to her.
The questioner : Yes
The Shaykh : He bequeathed it to her and did not give it to her as a gift.
The questioner : A gift.
The Shaykh : A gift, meaning during his lifetime.
The questioner : Yes
The Shaykh : Yes, what this man did is forbidden for him. It is not permissible for him to single out any of his sons or daughters with something from his wealth. Bashir ibn Sa'd (may Allah be pleased with him) gave a gift to his son al-Nu'man, and that reached the Prophet (peace and blessings be upon him), who said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمDid you do that for all your children?
هل فعلت ذلك لكل ولدكBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمSo Bashir returned the gift to al-Nu'man and took it back from him.
If the man is alive, may Allah reward you, convey to him that this is forbidden and that he must undo what he did, tear up the document, and return the matter to the ruling of Allah (Mighty and Majestic). If Allah decrees that he dies and the daughter is still alive, she will inherit with her brothers what she is entitled to in the religion of Allah. And perhaps she will die before him. In any case, convey this to him, if Allah wills, and advise him.
The questioner : O Shaykh, and if he insists?
The Shaykh : You convey it to him; it is only upon you to convey the message.
The questioner : I mean, if he insists.
The Shaykh : If he insists.
The questioner : If he insists that, for example, he will not return this gift.
The Shaykh : Yes
The questioner : And then he dies.
The Shaykh : It is returned in the inheritance; the inheritance is made equal.