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Is it permissible for a father to disinherit his son due to fear of his injustice and tyranny, by distributing his assets among his other children during his lifetime, and would he incur sin by doing so?

1 min readAlso available in العربية

Scholars have differed on the ruling regarding justice among children in gifts. The majority hold it to be recommended, while the Hanbalis consider it obligatory if the preference is due to favoritism. However, if there is a valid reason for تخصيص (special allocation), such as need or merit, then there is no objection. If a father relies on a fatwa to favor some of his children, his conscience is clear, even if his mufti erred, because the Prophet, peace and blessings be upon him, said: "Whoever is given a fatwa without knowledge, its sin is upon the one who gave the fatwa." The children are advised to be pious and give the pharmacist brother his share if that leads to maintaining kinship ties and good spirits.

This applies if the gift was an immediate donation that its recipients took possession of during the donor's lifetime. However, if it was merely a written document without possession, then it is considered a will, and "there is no will for an heir." The money then becomes the father's property and transfers to his heirs after his death. It is forbidden to disinherit any heir or to cause harm through a will, and a son's disobedience does not justify disinheriting him.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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