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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on a Father Who Does Not Treat His Children Equally

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Question:
This questioner, O Shaykh, is also asking in his second question: What is the ruling on a father who does not treat his children equally, and then writes the land he owns in the name of his wife so as to deprive the son from another wife of everything? What are the rights of the other deprived son toward his father, and what do you advise the father? May Allah reward you.

Answer:
It is obligatory for the father to be just among his children, as the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.اتقوا الله واعدلوا بين أولادكم
Sahih al-Bukhari 2587
So it is obligatory for him to be just among the males and females in the division of inheritance, not favoring one over another. Rather, if he gives to them, he gives to all of them like inheritance, and if he withholds from them, he withholds from all of them. As for favoring one with a gift, that is not permissible, or resorting to a ruse and giving to the mother with the intention of giving to the son or daughter, that is not permissible.
As for if he gives the wife something that is not a ruse, in appreciation of her efforts and good deeds, there is nothing wrong with it. But if he resorts to a ruse and writes it in the wife's name, and his intention is that it is for the son, having conspired with her that it is for the son, that is not permissible. All ruses that forbid what Allah has made lawful or make lawful what Allah has forbidden are invalid. We ask Allah for safety.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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