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?
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 : "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 .
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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