The Obligation of Justice Among Children

Question:
The last question in this woman’s letter, may the Shaykh be respected, the questioner says: My father is married to two women. My paternal grandfather, before he passed away, bequeathed a house to us and a house to my brothers from my father. Is it permissible for my father to dispose of the house that belongs to us by making changes to its structures, knowing that he is changing it for the better? One of my brothers objected to this and said: It is not permissible for our father to dispose of our property? Please guide us in light of this question.

Answer:
There is no harm; he may dispose of it by improving what belongs to you, but on the condition that he gives your brothers the same. Justice is necessary; because the Messenger of Allah (peace and blessings be upon him) said: So if your house needs one thousand riyals, two thousand, or three thousand, he must give your brothers from your father the same amount; because he must be just among you. Otherwise, it is not permissible for him to favor you with anything in the repair of your house, and not give your brothers anything except with their consent, if they are of sound mind and consent. As for if they are of sound mind and do not consent, then he has no right to favor you with anything, neither in the repair of the house nor in anything else. Justice is necessary.

The presenter: May Allah reward you with good, O Shaykh.