What is the legal distribution (qismat ash-shar‘) in the estate of the mother's seven-story house, after the death of the mother and one of her daughters, given that the father designated three floors for the son, three floors for the daughters, and one floor for the father, and that the son built three additional floors above the mother's house?

Justice must be observed among children in giving gifts, and it is not permissible to favor some over others, due to the prohibition of the Prophet (peace be upon him) against showing preference among children. Giving a gift to some children but not others was called an injustice and oppression by him, and he refused to witness it, ordering its reversal. The way to be just between sons and daughters is to divide among them according to Allah's division in inheritance, so that the male receives the equivalent of the share of two females.

Since this gift favored the son over the daughters, and it is an unjust gift, it must be reclaimed even after the mother's death. As the mother has passed away, her inheritance must be divided after reclaiming what she gave to her daughters, and the father must reclaim what he had given to his son. It should be divided among her living heirs on the day of her death: the husband receives one-fourth, and the remainder is divided among the daughters, with the male receiving the equivalent of the share of two females. As for the share of the daughter who died after her mother, if she has no heirs other than those mentioned, then her entire inheritance goes to her father. As for the floors built by the son on top of his mother's building, they will be counted as his share during valuation, and the father must reclaim the entirety of what he gifted to his son.