What is the ruling on a father favoring some children over others in giving gifts, and is it permissible for the heirs to rectify this division after the father's death, and is he who accepts the unjust division sinful?
The father's distribution of what the mother owns, without her consent, is not permissible, and everything taken from her possessions must be returned. As for his distribution of what he owns, if it is a real sale and not a preferential sale, then it is valid and justice is not a condition for it. However, if it is a simulated sale or one with favoritism, then it is a gift in which justice between the children is obligatory (meaning the female is given the same as the male, or half of it). Giving the male many times what the female is given, without justification, is an injustice. If the father dies before rectifying this injustice, the gift is considered binding according to the majority of scholars, and the children can correct the error by redressing the injustice. Some jurists, however, believe that an unjust gift should be returned even after the father's death. If this occurred during the father's death-bed illness, then the gift takes the ruling of a will, and the daughters have the right to demand that the sons return what they took and divide it according to Islamic law if they are not satisfied with it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/139868
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 139868
- 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