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The question

Is it permissible for a father to give his son a plot of land and an old house in which to build a clinic and for the son to live with him in the village to attend to his affairs, or is it obligatory to equalize among the children based on Ibn Taymiyyah's statement: "And he should not single out some of them for giving without a reason that necessitates that, due to the hadith of Nu'man ibn Bashir and others"?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The preponderant view is that justice and equality among children in gift-giving are obligatory, and it is not permissible to favor some over others except for a legitimate Shar'i reason. If the father singles out his child for a gift because he remains with him in the village while the rest of his siblings have departed, this is a legitimate Shar'i justification that makes the gift valid, provided it meets its conditions:

1. It was completed while the giver was legally competent to dispose of his property.

2. The gifted property was fully possessed by the son (if it was a dwelling, the giver must vacate it).

If the gift was not completed during the giver's lifetime or was not taken into possession while he was in good health and competent to dispose of his property, then it is not valid and is to be distributed as part of the inheritance.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
88659
Imported
Translation status
Source text, unreviewed
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