What is the ruling on the action of a father who divided his house equally among his children from two wives, while ignorant of the second wife's right to a share of the price, and do the children of the second wife have the right to demand this right? And is it permissible to prepare (for marriage) a minor daughter from her father's inheritance before its distribution?
It is not permissible to divide the inheritance of a living person, because among the conditions for the validity of inheritance are the death of the inheritee and the life of the heir after him. Similarly, it is not valid to postpone the execution of the division until death, because it would be a bequest to an heir, which is not permissible.
However, if the division was an immediate gift, and the father relinquished possession of what he gifted to his sons and daughters, and it was fully and lawfully possessed by them, then this gift is binding and valid, as it fulfills the conditions of a gift and equality in the giving among the children has been achieved.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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