Do houses that a father granted to his male children during his lifetime become part of the estate after his death, and must the males rescind the registration contracts and give the females shares from them?

The school of thought of the majority of scholars is that a father favoring some of his children in a gift or singling them out for something while he is alive is permissible, and his action is effective, and the remaining heirs have no right to revoke it.

However, the fatwa adopted by us is the obligation of justice between children—males and females—in giving gifts. If he favors some of them over others without a legitimate Islamic reason, then the gift is invalid, and the houses must be returned to the estate after the father's death if he dies before he equalizes them.

The need of married sons for houses is not a legitimate Islamic reason that permits the father to register the houses in their names and transfer ownership to them. Rather, he can let them live in the houses without rent.

As for transferring ownership to them, this is a gift, and if he does not give the daughters an equivalent, then the gift is invalid, and the houses must be returned to the estate after the father's death.

A father marrying off his daughters is not a justification for registering houses in the names of the sons, because expenditure differs from a gift. Expenditure is according to need and custom, and it does not fall under what is commanded concerning equality.

So, if a father marries off one of his sons, he is not obligated to give the others the same; however, he must marry off the others if they wish to marry.