Ruling on a Father Depriving His Children of Inheritance
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In this episode, we return to the letter from our brother Abdul-Rahman Mubarak Salama from the Arab Republic of Egypt. We presented some of his questions in a previous episode, and in this episode, he has a set of questions. He asks: Is it permissible for my father to deprive me and my brother of our lawful inheritance and write his inheritance to his wife, where that inheritance consists of land and two houses?
Answer: If he is in good health, he has the right to dispose of his wealth as he wishes, whether he gives it to his wife, or to another relative, or to someone else, or endows it, as long as he is in good health. However, it is better for him to leave something for the heirs. The Prophet (peace and blessings be upon him) said to Ka'b when he wanted to give away all his wealth:Sunan an-Nasa'i 3823Sahih (Darussalam), so it is better to hold onto some of his wealth. But if he gives it to his wife while he is in good health, or gives it to some of his relatives, or spends it in the cause of Allah, or in building a mosque, or in other forms of righteousness, there is no blame on him. No one can restrict his wealth; he may dispose of it in a lawful manner.
But he must not favor some of his children over others; he cannot give to some of his children and not to the rest. No, he must be equal among them, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 2587 As for if he gives it to his wife, or gives it to his mother, or gives it to some of his brothers, there is no blame if he is of sound mind and in good health. Yes.
Answer: If he is in good health, he has the right to dispose of his wealth as he wishes, whether he gives it to his wife, or to another relative, or to someone else, or endows it, as long as he is in good health. However, it is better for him to leave something for the heirs. The Prophet (peace and blessings be upon him) said to Ka'b when he wanted to give away all his wealth:
Keep some of your wealth for yourself; that is better for you.
أمسك عليك بعض مالك فهو خير لكBut he must not favor some of his children over others; he cannot give to some of his children and not to the rest. No, he must be equal among them, based on the saying of the Prophet (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.
