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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Ruling on a father depriving one of his heirs of his inheritance

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Question:
Is it permissible for a father to deprive his son of his inheritance? And if that is not permissible, what is your guidance to some of these fathers? May Allah reward you with good.

Answer:
He has no right to deprive any of the heirs of his right, nor does he have the right to bequeath an increase to anyone; because the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.اتقوا الله واعدلوا بين أولادكم
Sahih al-Bukhari 2587
. So the father has no right to be unjust in his gifts. When one of the Companions gave a slave to one of his children, the Prophet (peace and blessings be upon him) said to him:
Did you give all your children like this?أعطيت ولدك كلهم مثل هذا؟
. He said: No. He said:
I cannot be witness to an injusticeإني لا أشهد على جور
Sahih Muslim 1623f
. He called it: injustice.
The point is that it is obligatory for a person to be just in his gifts among his children, giving to the male the share of two females, just as in inheritance. Except if they are mature and they permit him to give one of them, or some of them, something extra, then there is no harm. The right is theirs, if they are mature, not children, and they permit him to give one of them an increase over them, for reasons they see; then there is no harm. And he has no right to bequeath to any of them an increase over their inheritance either; because of his saying (peace and blessings be upon him):
There is no bequest for an heirلا وصية لوارث
,
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.إن الله قد أعطى كل ذي حقٍ حقه، فلا وصية لوارث
Sunan Abi Dawud 2870Hasan Sahih (Al-Albani)
. So he has no right to bequeath to some of the children something extra, or to others among the heirs. No, it is obligatory to leave them as Allah has apportioned.
Allah has appointed for everyone who has a right what is due to him, and no bequest must be made to an heir.إن الله قد أعطى كل ذي حقٍ حقه، فلا وصية لوارث
Sunan Abi Dawud 2870Hasan Sahih (Al-Albani)
Yes.

The 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.

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