Ruling on a person dividing his wealth among his heirs using the ruse of a sale

Question:
A letter reached the program from a listener (M. M.), an Egyptian resident in the Kingdom. We presented some of his questions in a previous episode, and in this episode he asks and says: What is the ruling on one who divides his wealth while he is still alive, and writes in the division a sale and purchase to deceive the Shari'ah, but he does not take the value of these assets, rather he takes a portion of the fruits annually according to his need? What is the ruling on this division if it is not valid?
And what is the ruling on the one who writes it and the one who witnesses it?
And upon whom is the zakah?

The Shaykh: Repeat, repeat.

The presenter: He says: What is the ruling on one who divides his wealth while he is still alive, and writes in the division a sale and purchase to deceive the Shari'ah, but he does not take the value of these assets, rather he takes a portion of the fruits annually according to his need? What is the ruling on this division if it is not valid? And what is the ruling on the one who writes it and the one who witnesses it? And upon whom is the zakah? We ask that you be successful in answering, may Allah reward you with good.

Answer:
If this division is according to the law of Allah among his children and heirs according to the law of Allah, there is no harm in it. However, leaving the division is better so that he does not need anyone to eat from it and benefit from it. But if he divides it among them, even under the name of a sale, and does not give one more than another, but gives them as Allah has prescribed, then his making it under the name of a sale is a lie, and he must repent to Allah for that. He is upon his division, each one having his share, and he is allowed to eat from its fruits if he is the father; if he is the father, he is allowed to eat. But if he is not the father and he gave it to them, he no longer has a right in it. If he divided it among his brothers or among his paternal cousins, and they owned it when he gave it to them and they took possession of it, he no longer has a right in it. But if they are his children, he is allowed to eat from it, even after the division, because a person is allowed to eat from his child's wealth .
But he is not allowed to divide it other than according to the Shari'ah, selling it to them so that he gives this one an increase and gives this son an increase, and gives this daughter an increase; this is not permissible. This is forbidden and reprehensible, and making it a sale is a ruse.
As for if he divides them [Surat al-Nisa: 11] and makes it under the name of a sale while he is lying, there is no sale, then he is sinful for the lie, and the division is in its place. If, for example, he has lands and divides them among them [Surat al-Nisa: 11] and does not increase, and does not decrease, and does not deceive, but makes it under the name of a sale for one of the purposes, then that does not harm him, it does not harm him. And if he is lying and there is nothing that permits it, he is mistaken in naming it a sale, and the lie is held against him. We ask Allah for safety, unless he has an excuse for this lie, because he fears that someone will confiscate it or the like. If he has a Shari'ah excuse, there is no harm.
The point is: if the division is in accordance with the Shari'ah among his sons or his wives, and the like, there is no harm. But if it is contrary to the Shari'ah, it is not permissible. As for the brothers or other relatives like the paternal cousins, it is permissible for him to prefer some over others while he is alive and healthy; it becomes a gift. If he divides among them, it becomes a gift; there is no harm in giving his brother so much, and giving his nephew so much, and his maternal uncle so much; there is no harm in giving them. It is not according to inheritance; he is not required to make it according to inheritance, because that is specific to the children. The Messenger of Allah (peace and blessings be upon him) said: He did not say: He said: So if he has two brothers, and he gives the wealth to one of his brothers while he is in good health, and does not give to the other, there is no blame on him. Or if he gives to both with a difference, there is no blame on him. Or if he gives to his maternal uncle and leaves his paternal cousins, giving to his maternal uncle, there is no harm, as long as he is in good health and not sick. Yes. But the better for him, and what he should do, is to leave for himself something that helps him and benefits him, so that he does not have people bestowing favors on him and giving him charity. Either he leaves the whole wealth, or he leaves something that benefits him and is useful for him until death.

The presenter: May Allah reward you with good.