Back to search
The question

Is a gift valid with only one-third, and is the father obligated to sell the apartment to his son so that his sister does not have a share in it?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a father wishes to transfer ownership of an apartment to his son during his lifetime, this is a gift () which necessitates justice among the children. It is not permissible to favor some of them unless there is a legitimate reason, such as a need for housing. However, if the transfer of ownership is to occur after the father's death, this is a bequest () to an heir, which is not enforceable unless all adult, mature heirs agree, due to the Prophet's (peace be upon him) saying: "Indeed, Allah has given every rightful person his right, so there is no bequest to an heir." The scholars have unanimously agreed that a bequest to an heir is not valid unless the rest of the heirs approve.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
119144
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy