Ruling on giving a gift to one son to the exclusion of the others
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Question:
The listener: Ahmad Muhammad Masri, residing in Jeddah, sent a somewhat lengthy message in which he says: I have a sister who married a man, then was divorced from him after she had borne him two daughters. She then married another man, and she is working, and her salary goes into the household. She and her sister were able to build an apartment, and her husband knows about this. After she finished building this apartment, her husband asks her to write the portion of the apartment that she owns to the daughter she bore from him, and to deprive her two daughters from her first husband of it, knowing that she built this apartment with her own money that she earned from her work. Please guide us on this matter. May Allah reward you with good?
Answer:
It is not permissible for this man to compel her to do so, nor to order her to do so, and it is not permissible for her to obey him in this; because this is injustice, and the Messenger (peace and blessings be upon him) said:Sahih al-Bukhari 2587.
Therefore, it is obligatory for her to be just between her daughters, and that they be equal in her bequest and her gifts. She has no right to be biased by giving more to one than to another, and he has no right to order her to do so. Rather, this is forbidden for him, and it is aiding in sin and transgression, and ordering injustice, so it is not permissible. She has no right to obey him in this matter; rather, this is disobedience. The Messenger (peace and blessings be upon him) said:Sunan Abi Dawud 2625Sahih (Al-Albani) Mishkat al-Masabih 3696 And if she were to bequeath, or give, to the daughter who is his daughter to the exclusion of the two daughters; then the gift is invalid, and the bequest is invalid. Yes.
The presenter : May Allah reward you with good, and may He do you good.
The listener: Ahmad Muhammad Masri, residing in Jeddah, sent a somewhat lengthy message in which he says: I have a sister who married a man, then was divorced from him after she had borne him two daughters. She then married another man, and she is working, and her salary goes into the household. She and her sister were able to build an apartment, and her husband knows about this. After she finished building this apartment, her husband asks her to write the portion of the apartment that she owns to the daughter she bore from him, and to deprive her two daughters from her first husband of it, knowing that she built this apartment with her own money that she earned from her work. Please guide us on this matter. May Allah reward you with good?
Answer:
It is not permissible for this man to compel her to do so, nor to order her to do so, and it is not permissible for her to obey him in this; because this is injustice, and the Messenger (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله، و اعدلوا بين أولادكمTherefore, it is obligatory for her to be just between her daughters, and that they be equal in her bequest and her gifts. She has no right to be biased by giving more to one than to another, and he has no right to order her to do so. Rather, this is forbidden for him, and it is aiding in sin and transgression, and ordering injustice, so it is not permissible. She has no right to obey him in this matter; rather, this is disobedience. The Messenger (peace and blessings be upon him) said:
Obedience is in matters which are good and universally recognized.
إنما الطاعة في المعروفA creature is not to be obeyed when it involves disobedience to the "Creator.”
لا طاعة لمخلوق في معصية الخالقThe presenter : May Allah reward you with good, and may He do you good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
