The obligation of justice between children in gifts
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Question:
The questioner: Hajj Ali al-Rishi from Libya, and our brother Faisal ibn 'Abd al-'Aziz Ahmad al-Hindi, are asking Your Eminence, the Shaykh, about favoring some children over others. Perhaps the brother's message from Libya clarifies the matter somewhat. He says: I am asking about a case of mine: I have three sons, two of whom have houses, while the third, who is the youngest, has an unbuilt plot of land. I built the first son's house at my own expense because he is disabled and suffers from epilepsy, may Allah protect you, and he is unable to work on his own. The middle son built his house with a loan from one of the banks. The youngest was not able to build at the present time. I have a large house in my name, and I have decided to relinquish it to my four daughters and their mother, knowing that they are all married, but they may need the house one day. Does my youngest son have a share in this house? Guide me so that I may meet the Face of Allah with a clean conscience? May Allah reward you with good.
Answer:
It is obligatory for you to be just between your children, both male and female. You have no right to single out the daughters for something, whether they are married or unmarried, neither with a house nor with anything else. This is based on the saying of the Messenger (peace and blessings be upon him):Sahih al-Bukhari 2587. So you must be just between them, both male and female, unless some of them permit it. If some of them permit it, their right is dropped. If the three sons permit the house to go to the daughters, their right is dropped, and praise be to Allah.
As for singling out one person for something, you have no right to single anyone out for something. This is based on his saying (peace and blessings be upon him):Sahih al-Bukhari 2587. They are in the debt of obligation, and they are equal in right. So you must be just between them, or you must leave giving to them. As for giving to the daughters and leaving the males, or increasing for this one over that one, you have no right to do that. Rather, you must equalize between them, like inheritance, where the male has the share of two females. This is what is obligatory for you, unless the one who is of age and sound mind among those obligated permits it regarding his right, in which case there is no harm in that. Yes.
The questioner: Hajj Ali al-Rishi from Libya, and our brother Faisal ibn 'Abd al-'Aziz Ahmad al-Hindi, are asking Your Eminence, the Shaykh, about favoring some children over others. Perhaps the brother's message from Libya clarifies the matter somewhat. He says: I am asking about a case of mine: I have three sons, two of whom have houses, while the third, who is the youngest, has an unbuilt plot of land. I built the first son's house at my own expense because he is disabled and suffers from epilepsy, may Allah protect you, and he is unable to work on his own. The middle son built his house with a loan from one of the banks. The youngest was not able to build at the present time. I have a large house in my name, and I have decided to relinquish it to my four daughters and their mother, knowing that they are all married, but they may need the house one day. Does my youngest son have a share in this house? Guide me so that I may meet the Face of Allah with a clean conscience? May Allah reward you with good.
Answer:
It is obligatory for you to be just between your children, both male and female. You have no right to single out the daughters for something, whether they are married or unmarried, neither with a house nor with anything else. This is based on the saying of the Messenger (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.
اتقوا لله واعدلوا بين أولادكمAs for singling out one person for something, you have no right to single anyone out for something. This is based on his saying (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكم
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
