The ruling on dividing residences among one's children when their values differ
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Question:
In one of his questions, he says: A man has three wives, each of whom has male and female children, and they differ from one another in the number of sons and daughters. The husband wishes to divide the real estate among them such that he gives each of them a residence for herself and her male and female children, knowing that the residences differ from one another in terms of value and area. Is this division in accordance with the Shari'ah, or how do you direct him? May Allah reward you with good.
Answer:
If the division is for residence only, and the real estate remains in his ownership such that he can dispose of it after his death and they inherit it, then there is no harm. He should strive to distribute among them, house them, and provide for them, and the real estate remains in his ownership. When he dies, its ruling is the ruling of the rest of the real estate, and it is inherited by all of them, so there is nothing wrong with it.
As for if the intention is to transfer ownership, then equality and justice are necessary. He gives the wives equally and gives the children equally, with the male receiving the share of two females. He gives the male twice what the female receives, and he makes each wife equal to the other so that he is just among them, because the Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 2587 and he (peace and blessings be upon him) said: Sunan Abi Dawud 2133Sahih (Al-Albani).
So the conclusion is: He must be just according to his ability with his wives and his children if the giving is a transfer of ownership. Yes.
The presenter : May Allah reward you with good.
In one of his questions, he says: A man has three wives, each of whom has male and female children, and they differ from one another in the number of sons and daughters. The husband wishes to divide the real estate among them such that he gives each of them a residence for herself and her male and female children, knowing that the residences differ from one another in terms of value and area. Is this division in accordance with the Shari'ah, or how do you direct him? May Allah reward you with good.
Answer:
If the division is for residence only, and the real estate remains in his ownership such that he can dispose of it after his death and they inherit it, then there is no harm. He should strive to distribute among them, house them, and provide for them, and the real estate remains in his ownership. When he dies, its ruling is the ruling of the rest of the real estate, and it is inherited by all of them, so there is nothing wrong with it.
As for if the intention is to transfer ownership, then equality and justice are necessary. He gives the wives equally and gives the children equally, with the male receiving the share of two females. He gives the male twice what the female receives, and he makes each wife equal to the other so that he is just among them, because the Messenger of Allah (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمWhen a man has two wives and he is inclined to one of them, he will come on the Day of resurrection with a side hanging down.
من كانت له زوجتان فمال إلى إحداهما جاء يوم القيامة وشقه مائلSo the conclusion is: He must be just according to his ability with his wives and his children if the giving is a transfer of ownership. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.