Must the children repay the sums and devices they received from their father before his death, knowing that this was for the purpose of achieving equality among them, and was not documented in writing?
The majority of scholars hold that justice is not obligatory in giving gifts, contrary to the Hanbalis who stated that justice between children is obligatory in gifts unless there is a reason that necessitates favoring one over another.
What the father said to the third son: "You have fifty thousand Egyptian pounds with me, like your brothers," and his statement to the fourth son: "You have twenty-seven thousand Egyptian pounds with me, so that you are all equal," is not considered a valid legal gift. This is because a gift must have a wording that indicates ownership.
If the father اختصاص (singled out) the first and second sons with a gift of fifty thousand and the accompanying devices for a legitimate reason, then this is permissible, and the rest of the siblings have no right to demand it from them. However, if the gift was without a legitimate reason, then this is a form of forbidden injustice. The gift becomes effective upon the father's death according to the Hanbalis, but Sheikh Al-Islam is of the view that the gift should be revoked and justice should be observed in it.
The deceased's inheritance is divided into thirty-two shares: the wife receives one-eighth (four shares), and each son receives seven shares.
It is necessary to refer inheritance matters to the Sharia courts for investigation.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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