The ruling on a father dividing his wealth among his sons to the exclusion of his daughters
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Question:
A man has houses, so he divided these houses among his male children during his lifetime, excluding the females on the pretext that they are married and their husbands have houses in which they live. As a result of this division, enmity and hatred arose between the sons and daughters, the hatred intensified, and the resentment extended to the father and mother, which led to the disintegration and breakdown of the family, so that no one inquired after anyone else, even in the case of illness. What is the opinion of the religion in this matter, and does the father have the right to divide his wealth while he is alive in this manner?
Please inform us, may Allah reward you.
Answer:
It is not permissible for the father to distribute his wealth to his male children to the exclusion of the females, or to prefer the males over the females without the Shari'ah preference. Rather, it is obligatory for him to be just in the division of his wealth like the division of an estate; because the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587 Then Bashir ibn Sa'd al-Ansari (may Allah be pleased with him) came to him and mentioned to him that he had gifted his son Nu'man a slave, so he said: He said: No. He said: Sahih al-Bukhari 2587 And he said: And he said: Bulugh al-Maram 7:185 He said: Yes. He said: .
This indicates that if he is biased and does not act justly, it leads them to severing ties, as happened in this question; it leads them to severing ties, cutting off relations, and harboring hatred among them, and this is not permissible.
It is obligatory for the father to fear Allah and to be just among them if he divides [al-Nisa:11] like the division of inheritance. This is the stronger position. Some scholars said: He should make them equal, equal, the male and the female are equal, and he did not make it like inheritance. But the correct view is that the Shari'ah division is like inheritance; because Allah (Exalted and Majestic is He) divided the wealth of their fathers among them when they died like this: [al-Nisa:11].
So if a man divides his wealth among them according to Allah's division, where the male has the share of two females, there is no harm in that. But it is better that he not divide among them, and that he enjoy his wealth so that he does not need them afterwards. He keeps his wealth with him, or at least he keeps some of his wealth that benefits him, he gives charity from it, he spends it on his needs; because if he divides it among them, he may be forced to need them, and they may not fulfill the obligation, and they may spend the wealth and waste it. So my advice to every person is not to be eager to divide his wealth among his children, and not to hasten, even if he thinks well of them, and even if he thinks that they will be dutiful to him.
He should be cautious and not hasten, but rather leave it after his death according to Allah's division, so he can dispose of his wealth and spend it in the causes of righteousness, and be kind to the Muslims, the poor, and the needy, so that he does not have to resort to their mercy, and need them. But if he gives them some of his wealth, something that does not harm him, he gives them some money, and he is just among them. Even if the daughters are married, he must be just among them. If the man gives a thousand, he gives the daughter five hundred, and if the man gives two thousand, he gives the daughter a thousand, and so on in his giving, he is just among them; because of his saying (peace and blessings be upon him):Sahih al-Bukhari 2587 This is the obligatory, yes.
The presenter: May Allah reward you with good.
A man has houses, so he divided these houses among his male children during his lifetime, excluding the females on the pretext that they are married and their husbands have houses in which they live. As a result of this division, enmity and hatred arose between the sons and daughters, the hatred intensified, and the resentment extended to the father and mother, which led to the disintegration and breakdown of the family, so that no one inquired after anyone else, even in the case of illness. What is the opinion of the religion in this matter, and does the father have the right to divide his wealth while he is alive in this manner?
Please inform us, may Allah reward you.
Answer:
It is not permissible for the father to distribute his wealth to his male children to the exclusion of the females, or to prefer the males over the females without the Shari'ah preference. Rather, it is obligatory for him to be just in the division of his wealth like the division of an estate; because the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله، واعدلوا بين أولادكمDid you give all your children like this?
أكل ولدك أعطيتهم مثل هذا؟Be afraid of Allah, and be just to your children.
اتقوا الله، واعدلوا بين أولادكمDo not witness me for this, for I do not witness injustice
لا تشهدني على هذا، فإني لا أشهد على جورWould you like them to be equal in their kind treatment of you?
أيسرك أن يكونوا لك في البر سواء؟Then do not
فلا إذًاThis indicates that if he is biased and does not act justly, it leads them to severing ties, as happened in this question; it leads them to severing ties, cutting off relations, and harboring hatred among them, and this is not permissible.
It is obligatory for the father to fear Allah and to be just among them if he divides
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAllah instructs you concerning your children: for the male, what is equal to the share of two females
يُوصِيكُمُ اللَّهُ فِي أَوْلادِكُمْ لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِSo if a man divides his wealth among them according to Allah's division, where the male has the share of two females, there is no harm in that. But it is better that he not divide among them, and that he enjoy his wealth so that he does not need them afterwards. He keeps his wealth with him, or at least he keeps some of his wealth that benefits him, he gives charity from it, he spends it on his needs; because if he divides it among them, he may be forced to need them, and they may not fulfill the obligation, and they may spend the wealth and waste it. So my advice to every person is not to be eager to divide his wealth among his children, and not to hasten, even if he thinks well of them, and even if he thinks that they will be dutiful to him.
He should be cautious and not hasten, but rather leave it after his death according to Allah's division, so he can dispose of his wealth and spend it in the causes of righteousness, and be kind to the Muslims, the poor, and the needy, so that he does not have to resort to their mercy, and need them. But if he gives them some of his wealth, something that does not harm him, he gives them some money, and he is just among them. Even if the daughters are married, he must be just among them. If the man gives a thousand, he gives the daughter five hundred, and if the man gives two thousand, he gives the daughter a thousand, and so on in his giving, he is just among them; because of his saying (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.
اتقوا الله، واعدلوا بين أولادكمThe presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
