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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on a father giving to some of his children and not to others

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Question:
My father owns money and real estate, and he has three wives. He married me and my younger brother, and we used to live with our father and still do. We have become fathers of children. At that point, my father said: "Each of you should take a piece of land and build on it with a loan from the government." My father and my brothers went to the court to transfer the land into our names, but they were surprised by the judge's refusal. The judge said: "You have many brothers and sisters, and they are young, both boys and girls. It is necessary that each of them be given a piece of land, or that all of them be prevented from receiving any." I work in a job, and my income does not allow me to buy land. What is the ruling if I give my father two pieces of land that were granted to me by the government in two different locations in the Kingdom, in exchange for him transferring to me one of the lands in Riyadh? I have a feeling that if my father does this for me, it is in order to enable me to get the land in Riyadh?

Answer:
What the judge said is correct, because the Messenger of Allah (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
Therefore, he has no right to give some of the children lands and not give them to the others. He must either include them all, or leave them all out. This is the command of the Prophet (peace and blessings be upon him):
Be afraid of Allah, and be just to your children.اتقوا الله واعدلوا بين أولادكم
Sahih al-Bukhari 2587
.
If he wants to benefit you, he should sell to you. He should sell you the lands as a sale, just as he sells to people without favoritism. He should sell you the land for what it is worth according to the experts, as a deferred sale to you, just as it is sold to foreigners. It is sold to you and becomes your responsibility, so that you can manage to pay for it, just as he sells to foreign people.
And if he sells it to you as a sale for other lands, without favoritism, but with lands whose value is equivalent to the value of the land he gave you without favoritism or compulsion, then there is no harm in that. Because it is permissible for him to sell to you just as he sells to others.

Question : And if they are satisfied?

Answer: If they are adults and satisfied, there is no harm. But if they are young, they have no valid consent. If they are of sound mind and they agree, for example, if he has ten or eight children and he gives to two or three, and the rest agree, and they are of sound mind, there is no harm. But if they are young, or insane, or mentally impaired, he has no right to do that.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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