Is it permissible to take the aforementioned amount from my brother as a gift or grant after my father sells the house to my brother and divides its price among the family members?
The transaction is a sale of the house from the father. As for a gift (hiba) to the children, there is a difference of opinion regarding it. The majority of scholars hold that it is recommended to be fair in it, while the Hanbalis maintain that it is obligatory. According to them, fairness dictates that the male receives double the share of the female. However, Abu Hanifa, Malik, Al-Shafi'i, and Ibn Al-Mubarak said that the female receives the same as the male. The adopted by us is the obligation of fairness in gifting, and there is no harm if the father gives the daughter half of what the son receives. It is permissible to favor some children with an increase if there is a valid reason for it.
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