Is the father's gifting of a sum of money to his son before his death considered valid and does it make the money the property of the son?
The father's action of allocating money for the maintenance of the mother, the household, or the son is not permissible, for the following reasons:
1. It is not permissible to single out one child for a gift while excluding the rest of their siblings; justice must be observed among them.
2. A wife whose husband has passed away is not entitled to maintenance after his death; rather, she is entitled to inheritance.
3. If the gift was made during a death-threatening illness, it is considered a bequest, and a bequest to an heir is not permissible unless approved by the other heirs.
The legally binding obligation is to include this money in the estate and divide it among all heirs, unless they mutually agree to give the money to the mother for her to spend on the household.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 19428
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy