Is it permissible for a man to write over his properties to his children and wife during his lifetime to prevent problems after his death, knowing that there are other apartments that will not be written in their names?
If the writing is intended as a gift, then the father must be fair among his children in it, and it is not permissible to favor some over others except for a legitimate reason. The preponderant opinion is that there should be equality between male and female, based on the Prophet's (peace be upon him) saying: "Be fair among your children in giving." So, the young ones should be given the same as what the older ones own.
As for the apartment, if your wife helped you with it as a gift or a loan, then it is yours. But if she is a partner with you in its ownership, then you are not permitted to dispose of her share without her permission.
And if the writing is intended as a will, then a will for children is not permissible, based on the Prophet's (peace be upon him) saying: "No will for an heir."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 193076
- 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