Does a full sister from the father have a legitimate right to an apartment that the father gifted to his children from his first wife, as compensation to his wife for her deferred dower and alimony?
If the father had written a quarter of the apartment to the mother as compensation for a deferred dowry or an outstanding alimony payment, there is no harm in that. However, if he wrote the rest of the apartment to the children as an honorific gift, then it is a hiba (gift) and justice must be observed among all children, whether they were present at the time of the gift or came after, by giving the male double the share of the female, based on the of Nu'man ibn Bashir (may Allah be pleased with them both). If he favored some of them or discriminated between them, he has sinned, and it becomes obligatory for him to equalize by returning the excess or completing the share of the others, or by revoking the gift.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 19038
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy