Her third question: A man died, leaving sons and daughters, and he left behind a piece of land. When they divided the land, the daughters allowed, or they allowed, their eldest brother to have it, and they have other brothers besides him.
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The questioner : Her third question: A man died, leaving sons and daughters, and he left behind a piece of land. When they divided the land, the daughters allowed, or they allowed, their eldest brother to have it, and they have other brothers besides him. What is the ruling in this case? Thank you.
The Shaykh : The ruling in this case is that there is nothing wrong with it.
The questioner : Yes.
The Shaykh : Because it is not obligatory for a brother to be just in giving gifts among his siblings. Rather, justice in giving gifts is obligatory only when it is from a father to his child. As for a brother giving to his brother, there is no harm; it is permissible for one to give to one of her brothers and withhold from another, or to give to one of them more than to another, because equality is not obligatory.
The questioner : Yes.
The Shaykh : The ruling in this case is that there is nothing wrong with it.
The questioner : Yes.
The Shaykh : Because it is not obligatory for a brother to be just in giving gifts among his siblings. Rather, justice in giving gifts is obligatory only when it is from a father to his child. As for a brother giving to his brother, there is no harm; it is permissible for one to give to one of her brothers and withhold from another, or to give to one of them more than to another, because equality is not obligatory.
The questioner : Yes.