The obligation of justice between older and younger children in gifts
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Question:
Our brother also asks and says: I have four daughters and three sons. I built a separate house for each of my older children, but I was unable to build a house for my youngest son. I have an old house that I previously granted to my wife and her four daughters in an official will. Does the youngest son have a legal right to the house along with his mother and sisters, or not? Please inform us, may Allah reward you with good.
Answer:
It is obligatory for you, my brother, to be just between your children, male and female; because the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 2587. So, if you built houses for your older children when the youngest son and the daughters were already present, it is obligatory for you to be just. However, if you built them and gave them to them before the daughters existed and before the youngest son existed, then you owe nothing; because you had no children at that time other than them. But if your giving them the houses was after the existence of the youngest son and after the existence of the daughters, then justice is obligatory. So either you give them the same as their brothers, [al-Nisa:11], or you return the houses you gave to your brothers and make them for everyone, among everyone, or for yourself, so that they remain an inheritance for them after you.
As for giving those houses specifically to the sons or the daughters, this is not permissible. Rather, you must be just. And if you give the mother, who is the wife, something from your wealth while you are healthy, there is no harm in giving her something specifically. There is no harm in giving her something specifically. But as for the children, male and female, justice between them is necessary, [al-Nisa:11], in lands, in money, and in other things. This is how the Prophet (peace and blessings be upon him) commanded, saying: Sahih al-Bukhari 2587.
You do not have the right to make a will for the wife, nor for the daughters, nor for any other of the heirs; because the heirs do not have a will. The Prophet (peace and blessings be upon him) says:Sunan Abi Dawud 2870Hasan Sahih (Al-Albani). But there is no objection to giving the wife something from your wealth while you are healthy in exchange for her service and her good companionship.
And if you have another wife, you give her the same as her. As for the daughters and their brothers, justice between them is necessary in houses and other things, unless they permit it. If the daughters permit their brothers and say: We do not desire anything, and you are forgiven, then there is no harm. And so with the youngest son, if he reaches puberty and permits, if he is of sound mind and permits, and says: I am forgiving my brothers and there is no need for justice, then there is no harm; give them their right. If they permit, the obligation upon you is dropped.
But if they do not permit, or if they permit in a way that they are afraid of you, and it is not permission out of contentment and a good heart, but because you threaten them or they fear something from you that harms them, then permission that has no clear basis, but occurred out of fear and dread, is not considered. It must be clear permission without fear from you or threat from you, but out of a good heart from themselves. Then there is no harm in that. Yes.
The presenter: May Allah reward you with good.
Our brother also asks and says: I have four daughters and three sons. I built a separate house for each of my older children, but I was unable to build a house for my youngest son. I have an old house that I previously granted to my wife and her four daughters in an official will. Does the youngest son have a legal right to the house along with his mother and sisters, or not? Please inform us, may Allah reward you with good.
Answer:
It is obligatory for you, my brother, to be just between your children, male and female; because the Prophet (peace and blessings be upon him) said:
Be afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمfor the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِAs for giving those houses specifically to the sons or the daughters, this is not permissible. Rather, you must be just. And if you give the mother, who is the wife, something from your wealth while you are healthy, there is no harm in giving her something specifically. There is no harm in giving her something specifically. But as for the children, male and female, justice between them is necessary,
for the male, what is equal to the share of two females
لِلذَّكَرِ مِثْلُ حَظِّ الأُنثَيَيْنِBe afraid of Allah, and be just to your children.
اتقوا الله واعدلوا بين أولادكمYou do not have the right to make a will for the wife, nor for the daughters, nor for any other of the heirs; because the heirs do not have a will. The Prophet (peace and blessings be upon him) says:
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 حق حقه فلا وصية لوارثAnd if you have another wife, you give her the same as her. As for the daughters and their brothers, justice between them is necessary in houses and other things, unless they permit it. If the daughters permit their brothers and say: We do not desire anything, and you are forgiven, then there is no harm. And so with the youngest son, if he reaches puberty and permits, if he is of sound mind and permits, and says: I am forgiving my brothers and there is no need for justice, then there is no harm; give them their right. If they permit, the obligation upon you is dropped.
But if they do not permit, or if they permit in a way that they are afraid of you, and it is not permission out of contentment and a good heart, but because you threaten them or they fear something from you that harms them, then permission that has no clear basis, but occurred out of fear and dread, is not considered. It must be clear permission without fear from you or threat from you, but out of a good heart from themselves. Then there is no harm in that. Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
