What is the ruling on demanding the heirs pay the bail amount if the husband did not return to the country and the state took the bail, which is its right?
A father is obligated to be fair among his children in gifts, donations, and endowments. The proof for this is what was narrated by Al-Bukhari and Muslim from Nu'man ibn Bashir that the Prophet, peace and blessings be upon him, said: "Fear Allah and be just among your children." He also said: "Then do not make me a witness, for indeed I do not bear witness to injustice." Sponsorship is considered a donation, so if it results in the state taking possession of the property, then equality among the children becomes obligatory. A person must be equitable among his children in giving, unless one of them is distinguished by a characteristic that permits preference. If the children are males and females, then justice is achieved by giving the male the equivalent of the share of two females. If the father dies before rectifying the matter, the value of the property must be estimated when dividing the inheritance and deducted from the husband's share, or the husband must return the equivalent of this value to the estate, unless the heirs forgive and relinquish their right.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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