Is it permissible for the value of the house and garden, owned by the father, to be divided among all children, with the male receiving the equivalent of two females' shares, after deducting the value of the right to build additional floors (air rights) that the two elder sons used to build their homes?
A father must be just in his gifts to his children, based on the of Nu'man ibn Bashir: "Fear Allah and be just among your children." Adjustment should be made either by giving to all or by retracting what was given to some. There is no obligation to adjust in trivial matters, except for sustenance and clothing, where sufficiency is required. Among the proposed forms of adjustment are: allowing all children to build, or giving all children apartments, or appraising the ground floor and dividing its value according to , or buying what the children built from it. Children must honor their father, and during his lifetime, the property is his to dispose of as he wishes.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 18930
- Added here
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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