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The question

Is it permissible for a father to divide his inheritance such that he designates a plot of land for the four males, excluding the four females, and deeds the house to the mother before his death, while also having a son from a second wife?

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

Scholars differed regarding the ruling on what the father wrote in his wife's name, and whether he must be just in non-obligatory gifts and donations. There are two opinions:

The first: The wife who was given her right has no right to prevent her husband from giving more to her co-wife. They used as evidence that the husband is not compelled to do so and can do it if he wishes.

The second: Justice is obligatory in both obligatory and non-obligatory expenditures. They used as evidence the hadith: "Whoever has two wives and inclines to one of them more than the other, will come on the Day of Resurrection with one of his sides leaning." Sheikh al-Islam Ibn Taymiyyah holds that the obligation of justice in expenditure is stronger and more akin to the Qur'an and Sunnah.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
35453
Imported
Translation status
Source text, unreviewed
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