What is the ruling regarding a father who wishes to distribute his property among his male and female children, giving a small portion to the disobedient ones and a large portion to the rebellious ones as a gift?
The father must equalize among his children in gifts, based on the of Nu'man ibn Bashir, that the Prophet, peace and blessings be upon him, said to his father, who had granted a slave to one of his sons: "Have you granted all your children a similar gift?" He said: "No." He said: "Then take it back." In another narration: "Fear Allah and be just among your children," and "Do not make me a witness to injustice." Preferential treatment causes resentment, and therefore, the preponderant opinion is that it is forbidden unless there is a legitimate legal justification.
Ibn Qudamah mentioned that equalization is obligatory. If he singles out some of them, he is sinful, and equalization becomes obligatory by returning what he favored them with or completing the share of the others.
If the mother decides to give one of her sons a house without giving to the offending brother, she is not permitted to do so because of the saying of the Prophet, peace and blessings be upon him: "Fear Allah and be just among your children." If she does so, she is sinful, and the son who accepts it is also sinful. The gift must be returned, or the second son must be given an equivalent amount, or the gift may be accepted and half of it given to the brother to clear one's conscience.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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