Do the properties that the father bought for his children and wife years before his death become part of the inheritance and are they appraised at their current value? And do the expenses of marriage, furniture, and jewelry fall under that?
The summary of the is that a father's preferential treatment of some of his children in gifting without a legitimate religious justification is contrary to the justice commanded by Allah. Scholars have differed on the validity of such a gift, and the prevailing view with us is that it is invalid and must be returned to the estate after the father's death if there was no legitimate religious justification. As for the house gifted to one wife over another, it appears that she retains it if she took possession of it during his lifetime, and it is not included in the estate. The division of the gifted house is based on its current value. The money spent by the father on his son's marriage is not considered an act of injustice in giving, because it is a justified expense and not a gift.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 97842
- 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