Fatwa No : 83036
Depriving One's Children from Inheritance During One's Lifetime

Depriving One's Children from Inheritance During One's Lifetime

What do the esteemed scholars and honorable muftis say regarding the following matter: If a man has two wives, and he builds property while living with his first wife and their children, but later separates from them and begins living with his second wife and her children—allowing them to use the property—and eventually, he deprives the first wife and her children of this property. Later, the man suffers from paralysis and transfers the ownership of the property solely to the second wife and her children. In light of Shari'ah, how valid or effective is this decision of the husband? Kindly provide a detailed response based on the Qur'an and Hadith.

الجوابُ حامِدا ًو مُصلیِّا ً

Although a person is considered the sole owner of their wealth and property during their healthy lifetime and may give it to whomever they wish, it is undoubtedly sinful for the mentioned individual to completely deprive his first wife and her children of any share in his property, and to give all his wealth and possessions to the second wife and her children. Furthermore, merely transferring ownership through documents—without actual division and transfer of possession—does not establish legal ownership according to Shari‘ah. Therefore, he is considered sinful for this behavior. It is obligatory upon him to also give an equal share to his first children (especially since they supported him in acquiring that wealth and property), so that he may be absolved from accountability in the Hereafter.

مأخَذُ الفَتوی

ففی الدر المختار: وقال على الفريضة الشرعية قسم على ذكورهم وإناثهم بالسوية هو المختار (4/ 444)۔
و في الدر المختار: و في الخانية لا بأس بتفضيل بعض الأولاد في المحبة لأنها عمل القلب، وكذا في العطايا إن لم يقصد به الإضرار، وإن قصده فسوى بينهم يعطي البنت كالابن عند الثاني وعليه الفتوى (5/ 696)۔