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The question

Is it permissible for a father to distribute three apartments to three of his sons, and to make the fourth apartment, in which he resides, equally shared between his two daughters, then change his mind and make it an inheritance to be distributed among all children, with the male receiving the equivalent of the share of two females, knowing that one of the two daughters is divorced and lives with him?

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

A father must be just among his children in giving gifts, such that the male receives the share of two females. Favoring some of them over others without a valid reason is an injustice that breeds enmity. However, it does not justify abandoning or being disobedient to the father. If he singles out some of his children for a gift without justification, he has sinned and must repent by returning what he favored some with, or by giving the others what completes their share.

Regarding the father's gifting of apartments to his male children, it is preferable for him to leave them for inheritance. He may proceed with the gift on condition of being just among his children by either granting the two daughters joint ownership of the remaining apartment or selling it and dividing its price between them. If one of them is divorced and needs housing, he should let her reside with him. If the giving is contingent upon the father's death, such that the daughters do not benefit from it until after his passing, then this is a bequest that is not permissible for an heir, due to the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest for an heir."

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
89990
Imported
Translation status
Source text, unreviewed
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