Is it permissible, Islamically, for a father to designate the house he lives in for his four daughters, so that they may live in it their entire lives without having the right to sell or dispose of it, given the consent of the male children to this bequest?
A father's bequest to his daughters for them to reside in a house until their death is a bequest to an heir, and it is forbidden, according to the words of the Prophet, peace and blessings be upon him: "Indeed, Allah has given every rightful person his right, so there is no bequest to an heir." The consent of the heirs to the bequest is not considered valid until after the death of the testator. The legitimate solution is for the father to distribute his wealth during his lifetime among his children, by making the house the daughters' share, while observing justice between males and females, such that the male receives the equivalent of the share of two females, and by granting them ownership of the house so that they may dispose of it as owners.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 18522
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy