Is a questioner entitled to take a portion of his deceased father's estate, namely a plot of land, in exchange for a sum of money that his father had taken from him at the time of his marriage to cover the marriage expenses, and should the deduction be at the current price of the land or at its price when the money was paid to his father?

Scholars differed regarding the obligation of equalization among children in gifts. The Hanafis, Malikis, and Shafi’is hold that equalization is commendable (mustahabb) but not obligatory. They cited the actions of the Companions and the Prophet’s (peace be upon him) saying: “Then let someone else bear witness to this.”

Conversely, the Hanbalis and Abu Yusuf from the Hanafis maintained the obligation of equalization, citing the Hadith of Nu'man ibn Bashir, which includes the Prophet’s (peace be upon him) sayings: “Fear Allah and be just among your children” and “Do not make me a witness to injustice.”

According to the view that equalization is not obligatory, the amount you gave your father from the price of your apartment should not be deducted from his estate; rather, you inherit like the rest of the heirs. However, according to the view that equalization is obligatory, the children must return what their father gave them to the estate or have it deducted from their share. If there is no mutual agreement, the Sharia judge is the one who resolves the dispute.